29 Apr 2016
HENSON v GANDAR [2016] NZHC 841
- Citation
- [2016] NZHC 841
- Court
- High Court
On the balance of probabilities the court found that Mr Henson and Ms Dornan agreed when they made the 1998 identical wills that those wills would not be changed without mutual agreement (including not to change after the first death); therefore the trustees/executor of Ms Dornan's estate are subject to a supervening equitable responsibility/constructive trust to distribute the estate in accordance with the mutual wills rather than the later inconsistent testamentary dispositions.