22 Jan 2019
BEAN v BEAN [2019] NZHC 20
- Citation
- [2019] NZHC 20
- Court
- High Court
The appeal is allowed and the Family Court application is struck out because the claimant's case is clearly untenable on the Family Protection Act: it primarily seeks to rewrite the deceased's will to reflect an asserted testamentary intention rather than to remedy a demonstrable breach of moral duty, and the claimant failed to plead or provide evidence of financial need such that relief for proper maintenance and support could be justified.