The world is laughing at the stupidity of two brothers who destroyed their late mother’s home in regional Victoria after their sister was named executor of her estate, a Victorian judge has said.
Malcolm and Garry Taylor missed out on their inheritance and have now received major fines following their dramatic response to their sister being named executor.
The judge released footage of them gleefully destroying the home in an attempt to stop their sister from inheriting a cent.
The brothers, now aged 57 and 59, travelled from their Queensland home to Murtoa, near Horsham, in March 2019 just days before the property was due to go to auction.
It had previously sold for $99,000 but the sale fell through after the house suffered water damage. It was to be auctioned with an expected price of up to $75,000.
But on the eve of the auction, the men hired an excavator and filmed themselves tearing down part of the home. When someone called the police, the brothers told the local officer they were doing “renovations”.
Malcolm Taylor sent their sister a text saying “renovations have begun” while later that night, at a football match at the MCG, Garry Taylor posted to social media that they were having a “few beers at the footy after a hard day’s renovating”.
Malcolm Taylor had earlier removed a hot water service, telling a real estate agent he didn’t want his sister to profit from any sale and that he’d continue taking things until there was nothing left.
“You were laughing while you destroyed your, and your sister’s, inheritance. Now the world is laughing at you for your stupidity,” the Victorian county court judge Michael Cahill told the brothers on Friday.
The brothers were each fined $10,000 after admitting charges of theft and criminal damage.
During a pre-sentence hearing, the court heard Malcolm Taylor was genuinely remorseful for his actions that day.
But ahead of the sentencing, prosecutors tried to squash that argument, pointing the judge to a media report in which Malcolm Taylor replied “absolutely not” when asked by a reporter if he regretted his actions.
Mike Anderson, a lawyer appearing with both men by video link from Hervey Bay, said they had been harassed by the media over the incident.
“If your honour had any worry about the concept of deterrent, the media have done that,” he said. “There’s no way these men will ever offend again.”
It was estimated the total loss to the estate was about $60,000 – a $20,000 loss each. The brothers agreed in May 2019 to pay their sister a “reasonable” amount to compensate her for her lost inheritance.
They had tried to challenge their sister’s appointment as executor of their mother’s estate because of her failure to pay legacies to their children.
Cahill said they had agreed to co-operate with her after it was ordered the woman remain as executor after paying what was owed.
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