Virginia Giuffre’s Sons Dispute Authenticity of Purported Will

Virginia Giuffre’s Sons Dispute Authenticity of Purported Will

Key Takeaways

  • An unsigned will has emerged as a crucial factor in the battle over the estate of Virginia Giuffre, a prominent victim of Jeffrey Epstein.
  • Giuffre’s sons, Christian and Noah, are fighting for control of the estate, while her lawyer, Karrie Louden, and former carer, Cheryl Myers, claim that verbal and written instructions represent Giuffre’s final intentions.
  • The court is considering whether to recognize the unsigned will as an "informal will" under Western Australian law.
  • The estate is estimated to be worth over A$472,000, but the true amount is likely to be much more, including a reported £12m out-of-court settlement from Andrew Mountbatten-Windsor.
  • The case raises questions about Giuffre’s capacity to make a will at the time the documents were drafted, and whether Louden and Myers stand to benefit financially from the estate.

Introduction to the Case
The estate of Virginia Giuffre, a prominent victim of disgraced US financier Jeffrey Epstein, is at the center of a bitter battle. Giuffre’s sons, Christian and Noah, are fighting for control of the estate, while her lawyer, Karrie Louden, and former carer, Cheryl Myers, claim that they have the authority to manage the assets. The dispute has been ongoing since Giuffre’s death in April, and the court is now considering the validity of an unsigned will that has emerged as a crucial factor in the case.

The Unsigned Will
The unsigned will was written by Giuffre in the weeks before her death, but she did not have the opportunity to sign or have it witnessed. As a result, the estate is officially intestate, meaning that there is no valid will to guide the distribution of the assets. However, Louden and Myers claim that the unsigned will, along with verbal instructions they received from Giuffre, represent her final intentions. They argue that the court should recognize the unsigned will as an "informal will" under Western Australian law, which allows certain documents or notes to be validated as expressing a person’s intentions for their estate.

Competing Claims
Christian and Noah reject the claim that the unsigned will and verbal instructions represent their mother’s final intentions. They argue that the documents submitted to the court by Louden and Myers are preliminary instructions that were not intended to constitute a will. The court is now tasked with determining the validity of the unsigned will and the competing claims of the parties involved. The case is complex, with multiple parties vying for control of the estate, and the court must carefully consider the evidence and the law to make a decision.

The Estate’s Value
The estate is estimated to be worth over A$472,000, but the true amount is likely to be much more. Giuffre received a reported £12m out-of-court settlement from Andrew Mountbatten-Windsor in 2022, after she alleged that he had sexually abused her when she was 17. The settlement is likely to be a significant part of the estate, and the court will need to consider how it should be distributed. The estate also includes a range of assets, including a Witty River Family Trust, a 2017 Toyota Kluger, a 2024 Chevrolet Silverado, a horse, jewellery, royalties from Giuffre’s memoir, and personal effects at the Neergabby property where she died.

Capacity and Fiduciary Duty
Even if the court ultimately finds that an informal will existed, Christian and Noah argue that Giuffre lacked the capacity to make a will at the time the documents were drafted. Medical records are expected to form a significant part of their evidence, and the court will need to carefully consider whether Giuffre was capable of making a valid will. Additionally, the plaintiffs argue that Louden, the lawyer who recorded the instructions, stands to benefit financially from the estate, and that this constitutes a breach of her fiduciary duty. Myers, too, is listed to benefit under the document, and the court will need to consider whether this is a conflict of interest.

Next Steps
The court registrar, Danielle Davies, has announced that a further case management hearing will be held at a date to be determined next year. The hearing will provide an opportunity for the parties to present their evidence and arguments, and for the court to make a decision on the validity of the unsigned will and the competing claims. The case is complex and ongoing, and it is likely to take some time to resolve. However, the court’s decision will have significant implications for the distribution of Giuffre’s estate and the parties involved.

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