19 Dec 2022
SWENSON & SWENSON v LAWTON & ORS [2022] NZHC 3544
- Citation
- [2022] NZHC 3544
- Court
- High Court
The agreement was validly made after independent legal advice, was not unfair or unreasonable at the time and had not become unfair such that giving effect to it would cause serious injustice; accordingly s21J relief was refused and the executors were entitled to half the life insurance proceeds; the Family Protection Act claim failed because no continuing unpaid moral obligation existed given the terms of the agreement and the applicant's financial position.