After a much litigated and high profile case, of Allison Baden-Clay’s murder, a Queensland Supreme Court has found that Gerard Baden-Clay will not be getting anything from his late wife’s $1,000,000.00 Estate.
The decision has come after an interim determination was made by the Supreme Court in September 2012 after Gerard was charged and remanded for the murder of his wife Allison Baden-Clay.
Allison’s body was found on a Brisbane Creek bank in April 2012, and after two months of investigation Gerard was charged with her murder. He was eventually convicted of the offence in 2014 and sentenced to life in prison.
Gerard appealed this conviction on the basis that it could have been possible that Gerard unintentionally killed his wife during an argument, and as such the charge should be down-graded to Manslaughter. In December 2015, the Queensland Court of Appeal ultimately accepted this argument and downgraded that the charge to Manslaughter.
However, after a very public outcry over the decision, the High Court in August 2016, overturned the appeal and reinstated the Murder conviction.
With the Supreme Court now formally appointing Allison’s father, Mr. Geoff Dickie as the sole Executor of her Estate, it now finalises the last aspects of this long running matter. Mr. Dickie initiated the proceedings to take control over Allison’s estate, including superannuation and life insurance payouts to ensure the funds would benefit Allison’s three children and not Gerard. In this regard, Allison’s 1997 Last Will and Testament left the entirety of her Estate to Gerard.
His Honour stated in summing up the case, “Gerard Robert Baden-Clay is not entitled to obtain or receive any benefit he would otherwise obtain or receive arising from the death of the deceased.”
The application was undefended and Gerard did not appear in Court when the application was heard, noting that being convicted of Allison’s murder, he cannot profit from his crime.