Mom leaves Finck 5 bucks in will
Friday, August 6, 2004
The Halifax Herald Limited
By SHERRI BORDEN COLLEY / Court Reporter
Larry Finck likely wasn't mom's favourite.
In a will drafted one month before her death, Mona Mary Finck left Mr. Finck
just $5 of her $740,000 estate. The bulk of the estate is left to her four
other adult children.
Mrs. Finck, 79, died of natural causes May 21 during a three-day armed
standoff at her Shirley Street home in Halifax.
Mr. Finck and his wife, Carline VandenElsen, were arrested May 21 after the
67-hour standoff ended.
The couple barricaded themselves in the home when a police response team
tried to enter to enforce a court order to apprehend a baby girl.
Provided that the balance of Mrs. Finck's residual estate - what remains
after payment of charges, debts and bequests - is equal to or greater than
$126,000, she requested that her 13 grandchildren each be given $2,000.
The rest of the estate is to be divided equally among her three other sons,
Wayne, Robert and Albert Finck, and daughter Christine Christian.
In her last will and testament, signed on April 21, Mrs. Finck directed
Christine and Wayne - executors of her will - to pay and deliver to Lawrence
(Larry) Ross Finck the sum of $5 when all the residue of her estate is
converted to cash.
And if they wish to do so, the will states, the executors can pay other sums
to him "but all without any obligation whatever."
Probate court documents list the value of Mrs. Finck's assets as:
- real property (her home at 6161 Shirley St.) less encumbrances - $281,758
minus $13,242.
- An apartment building at 6165-6167 Shirley St. - $390,000.
- Personal property (gross value) - $68,110.
The total amount of $739,868 includes all insurance, RRSPs, pensions and
annuities payable to the estate.
Mrs. Finck's husband, Albert Finck, died in 1999. He was a veteran of the
Second World War and was an electrician at HMC Dockyard in Halifax when he
retired in 1979 after 28 years of service.
Mrs. Finck also willed that all of her personal and household belongings,
none of which were specified in the will, be divided equally among sons
Wayne, Robert and Albert and daughter Christine.
She also offered those four adult children the opportunity to submit an
offer to buy either or both her home and the apartment building within 45
days after each is notified of the set property valuations, at a price
determined by the executors.
"If more than one of my children shall make an offer to purchase any one or
both of the properties, then the successful purchaser or purchasers shall be
chosen by means of a blind draw," the will states.
If the successful purchaser fails to complete the purchase of the property
within 60 days of the acceptance of any offer, then the properties shall be
sold to the public at the best possible price, the will directs.
When police tried to use a battering ram to enter the Shirley Street home in
the early hours of May 19, a shotgun blast rang out and police retreated.
After three days of negotiation, the couple emerged from the building
carrying a stretcher with the body of Mr. Finck's mother. Mr. Finck had a
rifle slung over his shoulder and Ms. VandenElsen carried a baby.
Officers pounced on the pair, handcuffed them and later charged them with
obstructing police, unlawful confinement and concealment of a child
contravening a court order.
In July, Mr. Finck was denied bail on those and additional firearms charges
relating to the standoff, while his wife was granted bail.
Mr. Finck and Ms. VandenElsen were before a Nova Scotia Supreme Court judge
Thursday to challenge the validity of the provincial court bail hearing
itself and the nature of Mr. Finck's detention at a Dartmouth jail, and to
have the child apprehension court order reviewed.
On Thursday, Justice David MacAdam set aside Aug. 19-20 for a hearing to
determine whether the Supreme Court has jurisdiction to hear the three
issues.
Mr. Finck told the court that the baby is now represented by an Ontario
lawyer.
Outside court, Ms. VandenElsen claimed her husband is being illegally
detained.
"The application speaks for itself and the merits of the application
certainly speaks for itself," she said.
"So I'm hoping that in a fair court of law, justice will be served."
Both represented themselves Thursday.
WARNING: Fink and VandeElsen are two of the most despised parents in Canada. Unfortunately, several misguided father's rights web sites and egroups are actively promoting them as victims of injustice. Fink will probably spend several years in jail and we will all be following the trial of Carline VandelElsen for abduction of her own children to Mexico.
Note: Carline VandelElsen is one of the few women in Canada ever charged with abduction. Generally police and Crown Attorneys blatantly ignore abductions by mothers.
Fink is a convicted child abductor and a disgrace as a father. Readers should be cautious before associating with anyone or organization who promotes Fink and VandelElsen as victims.
See Re Fink and VandElsen by Ian Tay
Living here and having watched this story closely over the years I could not agree more. Neither of these two people should be anywhere near children. Unfortunately, VandeElsen has gotten herself a very good lawyer, a die hard social activist who I do respect very much.
Ian 'Tay' Landry, MA MSW RSW - Social Worker & Sociologist 255 Melrose Crescent Eastern Passage NS Canada B3G 1P7 Ph: (902)479-2254 Cell: (902)830-2254 Fax: (902)431-0374 Email: tay@eastlink.ca
FOR FURTHER INFORMATION VISIT THE OTTAWA MEN'S CENTRE E-Mail OttawaMensCentre@hotmail.com or call 613-482-1112