In the intricate realm of estate litigation, where emotions run high and disputes abound, instances of fraud can cast a dark cloud over an already delicate process. In this blog, I discuss the intriguing case of Heinz Siegfried Sommerfeld, an elderly man battling Alzheimer’s, whose unfortunate passing became the backdrop for a fraudulent scheme masterminded by Toronto Police Constable, Mr. Konashewych.
On June 19, 2017, Mr. Sommerfeld passed away alone and intestate. Near the end of his life, Mr. Sommerfeld became incapacitated and so the Office of the Public Guardian and Trustee (“OPGT”) became responsible for administering his assets. While the average person would feel a sense of sadness upon learning of Mr. Sommerfeld’s passing, Mr. Konashewych saw an opportunity to exploit Mr. Sommerfeld’s estate for personal gain.
Mr. Konashwych contacted his romantic partner at the time, Ms. Balgobin, who worked at the OPGT, and advised he found Mr. Sommerfeld’s 2006 will. The purported will was witnessed by two people, who were later found to not exist, and conveniently named Mr. Konashewych as the sole executor and beneficiary. Mr. Konashewych swore and filed an affidavit supporting his claims to the court, alongside the fraudulent will. Ms. Balgobin then continued to work on the file in order to facilitate the fraud.
In 2018, Mr. Konashewych was initially successful in his scheme and obtained the full value of Mr. Sommerfeld’s estate: $834,000.00. Mr. Konashewych enjoyed the spoils of his newfound riches for a short time until his ex-girlfriend mistakenly opened his mail. Shortly thereafter, investigators received a crucial tip regarding the fraudulent will.
On July 9, 2020, Mr. Konashewych was arrested and charged with two counts of Fraud over $5,000.00, Breach of Trust, and Obstructing Justice. Ms. Balgobin was also arrested and charged with Fraud and Breach of Trust for providing Mr. Konashewych with private information from Mr. Sommerfeld’s file, as well as facilitating the fraud.
Just last week, the two fraudsters were convicted of the charges and await their sentencing hearing on October 12, 2023. They face a maximum sentence of 14 years in prison. Luckily, Mr. Sommerfeld’s half-brother is the rightful heir of the estate under the intestacy provisions of the Succession Law Reform Act (“SLRA“); he is expected to receive the seized assets.
Considerations for Individuals and Will Drafting Solicitors:
Although justice was served in this case, it further serves as a stark reminder of the importance of carefully planning your estate and preparing a valid will. Fraud is a prevalent crime and occurs far too often in the context of estate litigation. Recent years have witnessed an alarming surge of fraud cases in estates litigation, common types of such fraud include:
- Forgery and Alterations:
- Forging or altering wills, powers of attorney, or other testamentary documents;
- Asset Concealment:
- Attempting to hide or undervalue assets to deprive rightful heirs or creditors of their entitlement; and,
- Undue Influence:
- Manipulating vulnerable individuals or coercing them into changing their testamentary documents.
A good way to mitigate the risk of fraud is to have a will prepared, duly executed, and safely stored by an estate lawyer in order to protect the original testamentary documents. Individuals and drafting solicitors can limit their exposure to fraud by:
- Vigilance and Due Diligence:
- Remain vigilant and conduct thorough due diligence by verifying the authenticity of documents, thoroughly investigating asset valuations, and ensuring the testator’s true intentions are upheld; and,
- Legal Expertise:
- Engaging experienced estate litigation lawyers to assist in identifying potential instances of fraud, uncover discrepancies, and protect the interests of the rightful beneficiaries.
By staying informed and relying on the expertise of trusted professionals, you can protect your interests, and those of your client, by navigating the complexities of the process with confidence.
Thanks for reading!