The WA Supreme Court will try to untangle the intricacies of Virginia Giuffre’s final wishes as it determines whether her estranged husband and his teenage daughter should be part of the legal stoush over her multi-million dollar estate.
The matter was listed in WA Supreme Court on Friday afternoon for a case management hearing ahead of an anticipated private mediation later this year.
The court will decide whether the registrar had the power to formally join Virginia’s estranged husband Robert Giuffre and the couple’s 15-year-old daughter to the proceedings, or whether that question must be determined by a more senior officer.
Epstein survivor Virginia died in WA in April last year by suicide, without a formal will.
Her two adult sons, Christian, 19, and Noah, 18, brought the primary claim, seeking to be appointed administrators on the basis she died without a formal will, arguing in their filings their mother lacked “testamentary capacity” when the document was created.
If the court agrees, their father would be entitled to one-third of the estate, with the remainder divided among the children, including Giuffre’s daughter.
That position is opposed by Virginia’s long-time Perth lawyer, Karrie Louden, and former housekeeper Cheryl Myers, who have filed a counterclaim alleging Giuffre left an informal will and did not want her estranged husband to benefit.
All parties were legally represented at Friday’s hearing and did not attend in person.
During the hearing, the parties agreed on several administrative orders described by the registrar as the “low-hanging fruit”, but disagreed on how to join Robert and his daughter to the proceedings.
Louden and Myers’ lawyer Craig Hollett told the court the registrar could join the pair administratively, but registrar Davies determined a master or judge should deal with the issue.
The registrar told the court there were “quite a few unanswered questions”, including who would accept service on behalf of the teenager and whether a public trustee would need to be appointed as her guardian. But she accepted Robert should be part of the proceedings.
“I have seen evidence filed. I am not satisfied on that basis that he should not be joined. I believe he should be joined. But in what manner that is done should be determined by the parties and referred to a master or judge,” she told the court.
The registrar ordered that the application be referred to a master or judge for determination and amended pleadings would be filed once the issue was resolved.
The case was adjourned to May 1 before a master or judge, for a further case management hearing.
Perth lawyer Ian Torrington Blatchford remains appointed as interim administrator to manage the estate pending resolution of the dispute.
Carla Hildebrandt is a journalist with WAtoday. She previously worked on ABC’s Four Corners and as a court reporter at The Daily Telegraph in Sydney. For secure contact: carlahildebrandt@proton.me.Connect via email.