14 Jun 2017
WAKENSHAW v WAKENSHAW [2017] NZCA 252
- Citation
- [2017] NZCA 252
- Court
- Court of Appeal
The appeal is dismissed because the appellant failed to establish a reasonably arguable caveatable interest: her evidence of contributions is vague, disputed and insufficient to show contributions manifestly exceeding benefits or a mutual expectation of shared ownership; she cannot claim Norman's beneficial interest without letters of administration; there was no evidence Donald received the gift with notice of any trust; therefore the caveat was rightly ordered to lapse.