An Auckland woman who was found dead in her car last week lost her home in a legal battle with her brother.
Auckland High Court. File photo. Photo: RNZ / Patrice Allen
The police named the woman as 72-year-old Helena Pauleen Wakefield.
She was found dead in her Suzuki Swift on St Vincent Avenue in Remuera on 7 July, by Auckland City Mission workers. They had been contacted by residents who were worried she had been living in her car.
Two judgments from the Auckland High Court last year reveal a rift between Dr Larry Lionel Wakefield and his sister, Ms Wakefield.
The dispute was over their mother's will. She was also called Helena Wakefield and died in May 2019.
Both mother and daughter had been living together at a house on Dempsey Street in Remuera since December 2011. After the mother's death the daughter continued to live there alone.
Her brother Dr Wakefield, a retired geologist, was living in Victoria, Australia.
The documents show Mrs Wakefield wrote a will in 2008, leaving her property to both children and appointing them co-executors.
But Dr Wakefield filed proceedings against his sister, asking to be sole executor of their mother's estate. As well as possession of the property, he sought damages for unlawful occupation of the property and some money held by Ms Wakefield as trustee for their late mother.
The documents reveal that after Mrs Wakefield's death, the defendant refused to cooperate with her brother to enact the will.
In February 2021, Justice Powell granted probate of the estate to Dr Wakefield meaning he had the authority to take action over the property. His sister was ordered to pay costs of $21,842.55.
Ms Wakefield was given three months' notice to vacate the house by June and was offered $600 a week for up to six months to pay for alternate accommodation. This was to be paid from her share of the estate.
She was still living at the property by July.
In a judgment from that month, Justice Woolford said there was no dispute about Dr Wakefield's entitlement to the property.
"The defendant has had sufficient opportunity (since 26 March 2021) to arrange her affairs and to move out of the property, but refuses to do so. Without access to the property, the plaintiff is unable to administer Mrs Wakefield's estate and carry out his duties as executor. There is no arguable defence to the claim by the plaintiff for possession of the property.
"The plaintiff seeks profits at a rate of $575 per week for the defendant's unlawful occupation of the property since July 2020, being the date by which absent neglect and/or refusal by the defendant, probate of Mrs Wakefield's will have been granted to the plaintiff and the defendant jointly."
Public records show the house was last sold at auction in February this year for $1.2 million, after 36 days on the market.
Dempsey Street is a few minutes drive from St Vincent Avenue.
The police say Ms Wakefield's death has been referred to the coroner and their thoughts are with her family at this time.
They say they received two calls reporting a person living in their car, on 15 May and 8 June.
"On at least one occasion the informant was advised that the council should be contacted to report the situation," a spokesperson said.
"Any calls to report homelessness and concerns in regard to this are best directed to the appropriate social agency or their local council."
Auckland Council earlier told RNZ it was contacted by a resident in May about a woman living in her car - but the call was miscategorised as a complaint about freedom camping.
A council official, manager of compliance response and investigations Kerri Fergusson, said it was "a tragic situation".
Last week a Remuera resident who tried to help Ms Wakefield said she was well kept, quiet and refused her offers of assistance.
The resident said her family became worried a couple of months ago when they noticed leaves building up around the red Suzuki Swift's wheels, and realised someone was living inside.
"It was still fairly warm 'cause we were all outside on the deck, and my family were over, and my dad said 'I think someone's living in that car'."
With time, the resident said she saw the woman in the car, noticed her age - and became concerned.
However, the woman would not talk to her, or open her door, she said.
"When we did get a response out of her it was always a nod or a shake of the head ... she gave pretty good indication that she wanted to be left alone."
The woman never appeared to walk very far, she said - only ever up to the street corner.
"She was always quite well kept, her hair was pulled back and, [she had] good warm adequate clothing. She obviously cared about her space - she would clear the condensation off her windows each day," she said.
"That's really only when I'd see her ... the rest of the time she was just in the back seat and she had things covering the windows. We couldn't actually really see her in there."
Dr Wakefield's statement
In a statement sent via his lawyers, Dr Wakefield said he was distressed by the death of his sister.
The Dempsey Street house had to be sold with the proceeds split between the two children, he said.
"Mum passed away in May 2019 and Helena left the property in December 2021. Helena was offered six months rent, and when she left the property offered hotel accommodation, until she got her half share. She did not take up these offers."
His sister could not be contacted after she left the house, Dr Wakefield said.
"I became more concerned about her welfare and hired a private investigator to find her. I was unsure whether she was still in New Zealand or had returned to Australia where she has lived in the past," he said.
"Despite every effort the private investigator was unable to find Helena before she passed away last week. I cannot understand why no action was taken until now after local residents expressed concerns and alerted authorities."
Dr Wakefield's lawyers, Auckland-based firm Glaister Ennor, also referred RNZ to the July judgement, saying "regretfully it was necessary to get an order for possession of the property for Larry as executor to discharge his duties to sell it".
