Mushroom deaths: Don and Gail Patterson’s family make a major move after their deaths following Beef Wellington lunch
The relatives of two victims of alleged mushroom poisoning are busy settling their estates almost a year after the tragedy.
The family of Don and Gail Patterson have officially filed a request for homologation with the Supreme Court as their former daughter-in-law prepares for her trial.
The couple, both 70, and Gail’s sister Heather Wilkinson, 66, all died within days of eating a Beef Wellington meal that reportedly contained poisoned mushrooms.
The lunch is said to have been prepared by the Pattersons’ former daughter-in-law, Erin Patterson, at her home in Leongatha in Victoria’s Gippsland region on July 29 last year.
Heather’s husband, 68-year-old Baptist Church minister Ian Wilkinson, survived the alleged poisoning attempt, while Mrs Patterson’s estranged husband pulled out of the lunch at the last minute.
Mrs Patterson pleaded not guilty to the murder of her in-laws and the attempted murder of her estranged husband at a hearing in LaTrobe Valley District Court in May.
She is accused of three counts of murder and five counts of attempted murder in the deaths of her estranged husband Simon Patterson.
Almost a year after the fatal lunch, the family of Mr and Mrs Patterson have decided to settle their estate by applying for a homologation procedure. Herald Sun reported.
Don and Gail Patterson (pictured) died after eating a suspected poisoned meal at Erin Patterson’s home on July 29 last year
The Supreme Court of Victoria This website defines homologation as: ‘The process by which the court approves that the will is valid and that the executor(s) can act on the basis of the will.’
The website states: ‘When someone dies and leaves assets in Victoria, it is usually the executor of the will or the next of kin (if there is no will) who must wind up the deceased’s affairs.’
According to the website, this typically involves collecting all of the deceased’s assets, paying any debts, and distributing the assets to those entitled.
The executors named in the couple’s two wills are Nathan Patterson and Anna Terrington.
The wills are dated November 2, 2018 and are listed as “pending.”
It is common practice for the court to consider an application, a lawyer specialising in estates told the Herald Sun.
To obtain a homologation permit, executors or administrators must file a number of documents with the High Court.
Erin Patterson (pictured) officially pleaded not guilty in May to the murders of her in-laws and the attempted murder of her estranged husband
This includes the original will, a certified copy of the death certificate, a list of the deceased’s assets and debts, and an oath.
Once these documents are filed, the court will usually grant approval or request further information from the executors.
Once the approval has been granted, the executors can deal with the deceased’s assets.
The attorney said the nature of the Pattersons’ deaths would have delayed receipt of the death certificate.
He added that determining the Pattersons’ assets could be another reason why homologation was not sought until almost a year after their deaths.
“Often assets pass automatically from one spouse to the other after death,” the lawyer told the Herald Sun.
‘Working out who had which assets at what time may be the cause of the additional delay.’
Erin Patterson remains in custody and will appear in court again in August for an administrative hearing.