A Tasmanian man has been ordered to pay over $90,000 after a court declared him a trespasser in his late stepmother's home. Anthony Carter remained in the Devonport property for more than five years after the deaths of his stepmother, Joyce Carter, and his father, Ray Carter.
Joyce Carter died in August 2020, leaving her home in trust to her nieces, Mary Sherriff and Susan Arrowsmith. Her husband, Ray Carter, held a life interest in the property, meaning he could live there until his death. Ray Carter passed away on February 4, 2021.
Shortly after his father's death, Anthony Carter continued to reside in the home despite solicitors for Ms. Arrowsmith and Ms. Sherriff issuing a demand for him to vacate the property five days later. In February 2021, the nieces initiated legal action, seeking a declaration that Mr. Carter was a trespasser and demanding he vacate and pay damages.
Mr. Carter launched a counterclaim, asserting that his father's estate held a beneficial interest in the property and that he, as the sole beneficiary, was legally entitled to occupy it. He also alleged that Joyce Carter had agreed to be a joint owner with Ray, citing his father's alleged contributions to the mortgage repayment and home improvements.
After several hearings in the Supreme Court of Tasmania, Justice Michael Brett ruled in favor of Ms. Arrowsmith and Ms. Sherriff. The court heard that Mr. Carter had relocated to the property in March 2020 to provide care for his father.
Evidence presented by Ms. Arrowsmith, Ms. Sherriff, and Joyce Carter's sister, Anne Hughes, indicated that Ray and Joyce Carter maintained separate finances and that Joyce had purchased the property in 1970. Ms. Hughes stated that her sister was a meticulous record keeper and presented extracts from her notebooks.
Justice Brett noted that Mr. Carter's claims were largely based on statements allegedly made to him by his father. He found no direct evidence to support the assertion that Ray Carter had made significant financial contributions or performed work that would constitute a proprietary interest in the house. The judge concluded that sharing ongoing expenses and maintaining the house was expected during their marriage. Joyce's will, which left the home to Ms. Arrowsmith, was also found to be inconsistent with the alleged agreement.
The court dismissed Mr. Carter's counterclaim. Justice Brett declared that Ms. Arrowsmith and Ms. Sherriff, as executors of Joyce Carter's estate, were entitled to legal and beneficial ownership and immediate possession of the property. Mr. Carter was declared to be in unlawful occupation as a trespasser since February 9, 2021.
Mr. Carter was ordered to vacate the house and pay $90,023.31, representing the total rent that should have been paid, with deductions for rates he had covered. Additionally, he was ordered to pay $475 for each week he remained in the house after August 21, 2024.