Fight tore family apart

A couple who waged a two-year battle to manage the care of their elderly and ailing mother urge seniors to make arrangements for their future sooner rather than later.

Terrance and Ginny Masters resorted to taking their nephew and niece to court in a bid to regain control over 83-year-old Joan Masters’ affairs as she suffered with dementia and Alzheimer’s disease.

The move came after Joan passed control of her assets away from her son Terrance to two grandchildren, at a time when she was later deemed to be ‘mentally incapable’ of understanding the process.

The couple told the Sun they took the legal route so they could care for her and ensure Joan’s devout Jehovah’s Witness beliefs were respected.

And although the Masters ended up winning the case, it tore huge rifts in the family. Mr Masters said: “Estate planning has to happen when you are at your mental prime, not decline, or it can lead to the breakdown of family relations and a lot of anger and bitterness.” 

It took more than two years and cost tens of thousands of dollars, but for Terrance Masters, the legal battle to secure his elderly mother’s future was worth every minute. 

His aim was to make sure he was responsible for the care of his 83-year-old mother Joan Masters in her twilight years and that her religious wishes were respected as she endured the trials of dementia and Alzheimer’s.

But it was a fight that tore his family apart, and took him and his wife, Ginny to breaking point.

The battle began in April 2010 when Joan Masters revoked her power of attorney to manage her affairs — which had previously been given to her son, Terrance and (now deceased) son David — and gave it to her granddaughter, Hana Bremar.

She also conveyed her interest in the family homestead to Ms Bremar and her brother, Josh. The property  comprised a three-bedroomed main unit, one two-bedroomed apartment and four one-bedroomed apartments in Loyal Hill, Devonshire.

Joan Masters was 80 years old when she signed the paperwork in an act that was later deemed to be ‘null and void’ by the Chief Justice of the Supreme Court because she lacked the mental capacity to understand the legal documents.

Her son Terrance told the Bermuda Sun: “The first we heard about it was when we got a hand-delivered letter from Hana’s lawyer saying my Power of Attorney had been revoked and my mother had appointed Hana her attorney.

“We did not know what to do. We contacted Age Concern and the National Office of Seniors but no one could help us.”

Mr Masters claims that Hana cashed in her grandmother’s life insurance of just over $10,000. The Masters family say Hana’s explanation is that the money was to be used to look after Joan. 

“Then she [Hana] moved into the family home and moved my mother into Westmeath in June 2010,” Mr Masters added.

“That was the last straw. We were in shock so we went to a lawyer.”

Mr and Mrs Masters then launched a legal action against Ms Bremar to recover control of Joan’s estate.

Mr Masters said: “This legal action was done purely on the principle of my mother’s religious beliefs.

“We wanted to recover control so her care going forward was in line with her beliefs as a Jehovah’s Witness. It was not about money. We were told right from the very beginning it would be very, very expensive, but we felt very strongly we needed to do the right thing.”

Firstly the couple applied to the Supreme Court under the Mental Health Act to be appointed as receivers of Joan Masters’ assets in light of her mental incapacity.

The then Chief Justice, Richard Ground, granted them this appointment despite a cross-application made by Ms Bremar and her grandfather (Cecil Masters), both of whom later discontinued their claims to be appointed receivers.

Mr Masters and his wife also filed a civil lawsuit against Ms Bremar and her brother Josh to recover Joan Masters’ joint interest in the house on the basis that she was not legally competent when she transferred her property to Hana and Josh Bremar.

They won this case in 2012 when Chief Justice Richard Ground ruled that Joan’s transfer of her interest in the family property was ‘null and void’ because she lacked the mental capacity to understand the nature and consequence of signing the conveyance.

And finally the Masters filed a partition action against Ms Bremar, which effectively forced her to buy out Joan’s interest in the house.

The $500,000 the Masters received has been used to care for Joan, as well as settle care reimbursement and lawyers’ fees, since Joan moved into their family home in Crawl, Hamilton Parish in 2012.

Mr Masters added: “This took a long time and I would not want any other family to go through what we had to. It was horrendous and it has ripped our family apart in many ways. Property and inheritance are not an entitlement.

“We did not care who got the house — we just wanted to make sure that we looked after my mother according to her religious beliefs.

“Now she is back with us, and although her health and her mind are failing, we will do everything to make sure she enjoys the rest of her life in the comfort and surroundings of those who love her.”

Mrs Masters added: “Right now Bermudian seniors are from a generation of people, especially men, who worked very hard and were just pleased to own a house when they reached retirement age.

“There was a real hard working ethic in those days. They did not need to know about powers of attorney and legal terms like that. And so now we have a generation of people who do not really understand the intricacies of passing on their assets.”

The Bermuda Sun contacted Hana Bremar and we also emailed her to give her the opportunity to comment on the case.

She referred us to her lawyer Craig Attridge but Mr Attridge declined to comment.

Similarly, Josh Bremar said he did not wish to comment on the case.