Wronged in sickness and in death: Family stunned ‘straightforward’ estate costs $10k

Saturday, 6 April 2024

• Ken McDonald, 63, died of medical misadventure, after he was not informed of his prostate cancer diagnosis years’ earlier.

• He left behind two children, a mortgage-free home, and few assets.

• But his family is annoyed that relatively straightforward estate took four months to settle and cost $10k.

For Anna Campbell her late father was wronged “in sickness, but also death”.

Ken Francis McDonald died at Hospice Southland on April 28, 2021, leaving behind two adult children, a mortgage-free house and few assets.

The death of the 63-year-old was due to medical misadventure, as he was never told about a 2015 prostate cancer diagnosis from his doctor. A test four years later revealed that cancer had spread throughout his body.

Her father would likely still be alive today if the original doctor had informed him of the diagnosis, Campbell said.

His death also came days after she told him she was pregnant with his first grandchild, while the later diagnosis gave the family some time to prepare his estate.

McDonald, a long-serving pastoral care manager with the Southern Institute of Technology, told his children that years earlier he had completed a free will via Public Trust.

The Dunedin-based Campbell said the week before her father died he wrote a letter to the family’s law firm requesting it handle his estate.

That estate would have been relatively straightforward, as her father was single and leaving everything to his two children, Campbell and her younger brother.

It proved to be anything but simple, Campbell said.

His children had organised a place for McDonald at a Dunedin hospital so he could be close-by, after initially travelling every fortnight for months on end during the global pandemic: “We didn’t want to be separated if something happened”.

By then McDonald had his affairs prepared, including his banking, and had said goodbye to his pup, Rod, and all of his friends.

“We packed his fishing rod and a bottle of whiskey in the back of the car … the morning he was supposed to leave, he died … he never left Southland.”

Campbell and her brother were then left to organise the funeral, which was attended by 300 people, and continued to manage his affairs thinking they would hear from his lawyers.

But instead she heard from a person from Public Trust who confirmed they were McDonald’s executors, and they had not received notification otherwise.

The family lawyer advised that usually it would be transferred in good faith, as they had a letter from McDonald.

“Public Trust denied these wishes,” she said,

That problematic beginning was compounded further when Campbell, who was pregnant and supporting her husband through medical school, requested the case be transferred to Dunedin.

Despite being told that it could be transferred, that was declined.

Her dad’s bank account, which she had been added as a joint account user was advised by the Public Trust advisor as being frozen.

McDonald had put money aside for Campbell to help cover funeral costs, which included her father’s wish to “shout the bar” for all of his friends and family, Campbell said.

“This was dad’s money, there wasn’t much, but he had it in his account to pay for support while he was unwell, his send-off, and death. He wanted to be comfortable and he wanted his kids to be looked after.”

But the Invercargill-based senior trustee for Public Trust said that money belonged to the estate and needed to be returned, with Campbell having to use an overdraft to pay back the spent money.

“We just decided it was going to work out in the wash anyway because it was all coming our way in the end … we had no idea that they were going to charge $10,000, we thought it was the easiest estate in the world.”

Her late father would have been “spitting” over the family’s treatment by Public Trust, Campbell said.

A Public Trust review verified with the bank that Campbell had been legally entitled to the money as a joint account owner, and she received an apology.

Campbell said despite being heavily promoted as a ‘free will’ it was anything but free, with numerous charges billed by Public Trust never explained.

“Everyone knows them as the state-owned estate management people … but actually they have extremely high premium charges,” she said.

“Dad’s estate was just so damn simple. He had one house that was paid off, one car which was transferred to us kids’ names, no valuable objects, no partner, no investments, no KiwiSaver, and nothing owing to IRD.

“There was no reason that estate took that long.”

That including the housing insurance not being closed for several months, despite the house already transferred into Campbell and her brother’s names and a new insurer added. That meant the insurance was being paid twice while the trustee was still able to bill for the management of the estate.

Campbell believed she was not alone with issues concerning Public Trust, with others she had spoken to raising concerns, particularly over the size of the invoices, which were only revealed at the end.

Accounts supplied to Stuff show a myriad of charges. Those charges include an early distribution assessment fee $400, estate establishment fee $1840, estate finalisation fee $138, grant of administration fee $862.50, communications and meetings $1490.40, and processing payments and receipts $648.60.

Have you experienced issues with Public Trust, email Hamish.McNeilly@stuff.co.nz

Campbell said she had three separate meetings, which featured three different people from Public Trust.

A document concerning Public Trust’s handling of the estate, by the same trustee who caused the issues, also concluded: “I have reviewed Public Trust’s charges and consider them to fairly reflect the work and responsibility”.

That irked Campbell who said: “The emotional roller coaster that I went through was something I don't want anyone else to ever have to feel in a state of grief.”

Campbell said in hindsight she wished she was the executor of her dad’s estate because she essentially cancelled her dad’s accounts, with the only thing Public Trust doing was sending away probate.

“If you can fill out a form, you can probably fill out a probate form,” she said.

But most importantly people should remember that something advertised “as a free will does not mean free estate management”.

In response, Public Trust cited confidentiality over McDonald’s case when answering specific questions.

A spokesperson said the four months taken to complete an estate “would be considered fast by industry standards, though we appreciate for families that might feel like a long time”.

Public Trust was conscious of the rising cost of living, which was putting a lot of added pressure on New Zealanders “so we’re focused on delivering an affordable and efficient service at what is already a tough time in many people’s lives”.

“As the executor, it’s our job to make sure everything is carried out quickly. If an estate is straightforward it should be quicker to settle and cost less.

“We believe we offer value for money for estate administration, in line with the market for the specialist services we provide.”

Public Trust only charged for the work they did, the spokesperson said.

Meanwhile, the Law Society advised that whoever a person consulted about making their will, they should check charges beforehand.

That includes taking into account any charges that might apply when the person dies.

People were advised to call different firms to compare costs, the Law Society advised.