22 Aug 2011
KIRBY V SIMS AND FISHER HC WN CIV-2010-485-794
- Citation
- openlaw-edfa0951_3523_4304_a27a_bfa053061d68.pdf
- Court
- High Court
Court granted Melissa leave to bring an out‑of‑time claim against Donald's estate (delay excusable and no prejudice); held Donald did not breach his moral duty to Melissa; held Irma breached her moral duty to each of Melissa, Nathan and John; estrangement of Nathan did not wholly disentitle him but reduced his award; Wakem children's asserted inherited moral claim rejected; awarded specified cash sums from Irma's estate to repair breaches: Melissa NZD 750,000, Nathan NZD 600,000, John AUD 350,000; trustees directed to satisfy awards primarily from testator's cash and investments; costs reserv…