Let's celebrate the best holiday of the year with some funny Halloween legal cases!

Thanks to Matt, my co-host for this episode <3

CASE: Suzanne Dale Smith by her next friend the Public Trustee -v- Marion Kathryn Partridge as executor of the Estate of Thomas Smith [2018] WASC 128

Marion was the executor of her late father Thomas Smith's estate. In her capacity as executor, she transferred Thomas's house into her name, and held all of the funds in his estate.

The Court Ordered that Thomas's other daughter, Suzanne, also receive provision from Thomas's estate.

That's when Marion went to ground. She didn't comply with the Court Orders to pay Suzanne her money.

Suzanne started new proceedings against Marion, seeking to have Marion removed from the position of executor. Marion was ordered to appear before the Court, but she didn't.

It is a disturbing thing when the executor uses the law to get all of the deceased's assets and then hides from the responsibilities of that position.

CASE: Napier Keen Pty Ltd v Smith [2023] NSWSC 1134

Beverley was a bookkeeper for the law firm Keen Lawyers for 16 years.

After Beverley resigned, her boss Mr Keen discovered that Beverley had been taking money from the business. Over a period of 7 years, she siphoned over $1 million from the firm.

Unfortunately, by the time the theft was discovered, Beverley had lost most of the funds in pokie machines.

The firm sued not only Beverley, but also her partner Gregory. Although Gregory was not involved the the thefts and had no knowledge of them, the firm wanted him to be liable to repay them then stolen funds.

Can a spouse be financially liable for what the money their partner steals?