Murderer’s family gets $550,000
The mother of the man who murdered teenager Christine Farrier, before turning the gun on himself, has been awarded rights to $550,000 from his life insurance policies.
The decision follows Supreme Court approval of a contested handwritten and unwitnessed will left by 22-year-old Aaron David Burgess as part of a set of suicide notes in an exercise book.
On November 28, 2011, Burgess took a sawn-off shotgun to a Walkley Heights bus stop and shot his former 16-year-old girlfriend and then himself.
In a legal post-script to the shocking murder-suicide, the estranged parents of Burgess contested the legality of a will which left “any and all possessions that I have left to my mother Karen”.
Karen Burgess had been married to Steven Burgess between 1978 and 2009. She reverted to her maiden name of Fielder and later re-married and took the name Karen Metcalf.
Her son was living with her at Salisbury Heights at the time of the murder-suicide.
The main assets of the estate are two life insurance payouts.
The first – a $244,000 policy with Statewide Super – has been paid to the estate, while a second – from Mercer Super Trust – has a value of $306,000.
Mercer has yet to determine to whom it should pay that sum, pending the outcome of the civil action.
Lawyers for both estranged parents of Burgess were contacted by InDaily. They were advised of our intention to publish the details of the Supreme Court decision and offered the opportunity to make a statement or comment. Both declined.
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“We ran the matter on the basis that there wasn’t a will and the court decided there was a will – that’s it,” said the legal representative of Steven Burgess.
“It won’t be appealed.”
The will was found by police in an exercise book in Burgess’s bedroom at his mother’s Salisbury Heights house.
“The exercise book was originally a book of 48 A4 pages but many of the pages have been torn out. It now contains just 13 sheets, five of which remain blank,” Chief Justice Chris Kourakis said in his decision.
“Pages one and two of the exercise book take the form of a letter to the deceased’s mother and sister Kate.
“The letter anticipates the deceased’s suicide and is apologetic in tone.
“Page three of the exercise book contains the purported will.
“Page five is a letter to his sister Kate reassuring her that she is not responsible for his suicide.
“Page six takes the form of an affectionate letter to the deceased’s dog.”
Kourakis said he was satisfied that the pages were written on November 15, 2011, less than two weeks before the murder of Christine Farrier, and around one week after Farrier and Burgess’s relationship had ended.
The second issue for Kourakis to consider was whether or not Burgess was of sound mind when he made the will.
“The contemplation of suicide does not, in law, support a presumption of mental incapacity,” he said.
“I am satisfied that the deceased’s contemplation of suicide was fuelled by his emotional distress over, and obsession with, the circumstances of his relationship with (Ms Farrier), and did not arise from, or cause, any significant impairment of his capacity to rationally consider the provisions he wished to make for the disposition of his property.”
Kourakis also noted that Burgess had a law degree and would have understood the issues relating to wills.
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“The deceased obtained a credit in succession law in 2010.
“(Burgess’s mother’s) uncontradicted evidence was that the deceased was able to engage in rational and coherent conversations with her in the weeks before his death.
“I am satisfied on the evidence of this case that the deceased had the necessary capacity to make this will,” the Chief Justice concluded.
The decision of the Supreme Court delivers the entire estate, including the proceeds of the insurance policies, to Karen Metcalf (nee Fielder).
Insurance industry experts told InDaily it was common for life insurance companies to pay on policies in the case of suicide.
“The industry standard these days is that if the policy is more than 12 months old then it’s okay,” said one.
The murder of Christine Farrier in 2011 shocked Adelaide.
She had been standing by bus stop 34B on R M Williams Drive, Walkley Heights, with her new boyfriend, Guy, on a Monday evening.
Friends of Guy told The Advertiser in December 2011 that the pair had been seeing each other for “just a short time, after she ended her two-year relationship with her killer three weeks ago”.
The friends said they saw Burgess approach and confront the couple.
“Christine ushered Guy away but he only made it a few metres to the corner of nearby Homestead Ave when he heard her say: ‘What the f … ?’,” the friends reportedly said.
Moments later he heard two gunshots.
Both died at the scene.
Christine Farrier was a student at University Senior College on North Terrace.
* Before publishing this story, InDaily contacted the family of Christine Farrier via Victims of Crime Commissioner Michael O’Connell.
* Readers seeking support and information about suicide prevention can contact Lifeline on 13 11 14 or the Suicide Call Back Service on 1300 659 467.
Christine Farrier
