New Zealand Case Law: Decisions & Judgments

Topic

Quantum of provision

Legal area

Court

15 Jun 2021

CONNOLLY v ECKHOUT [2021] NZHC 1400

Citation

[2021] NZHC 1400
Court

High Court

There was a breach of moral duty requiring remedial provision; taking into account the close parent–child relationship, the deceased's offer to assist materially with a home (effectively circa NZ$250,000), the claimant's present financial vulnerability and health risk, the size of the estate and that Trust assets were not open to the claim, the appropriate and minimum sum to repair the breach was fixed at NZ$350,000 (approximately 18% of the estate).
11 Dec 2019

CARSON v LANE [2019] NZHC 3259

Citation

(2019) 23 FRNZ 359
Court

High Court

The Court held the deceased breached his moral duty to his four adult children; having regard to the estate size, testamentary wishes embodied in a trust and memorandum, the needs of the children, and preservation of the testator's research/farm legacy, the minimum necessary to remedy the breach is a lump sum of NZD 1,250,000 to each child; no award to grandchildren was necessary as the children will be able to provide for them and they remain discretionary beneficiaries of the trust; percentage-based awards are inappropriate in large estates and trusts established near death must be weighed…
9 Aug 2018

WAINE v TIGG [2018] NZHC 1976

Citation

[2018] NZHC 1976
Court

High Court

The Court held the Family Court judge correctly found a moral duty was breached, that the evidence (affidavits and disclosed documents) was sufficient to establish Keith Parker's need for maintenance, and that the discretionary awards of $100,000 to Helen Tigg and $175,000 to Keith Parker were within the available range and not plainly wrong on appeal; accordingly the appeal was dismissed.
13 May 2013

YVONNE PAULA CARTER V BRENT CAMPBELL CARTER, SCOTT JONATHAN CARTER, NIKKI ANGELA ROGERS AND DANIEL WARD CARTER HC ROT CIV-2012-463-000002

Citation

openlaw-d2150f26_0efe_491e_996b_3b16bfea2959.pdf
Court

High Court

The High Court held the Family Court was entitled to find the testator unconsciously underestimated his moral duty to his adult children and breached that duty; the Family Court's award of $50,000 per child (approx 40% of the estate) was a lawful exercise of discretion and not plainly wrong on appeal; consequently the appeal was dismissed.
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…
18 Mar 2009

MALCOLM ANDREW CHALK AND ORS V MERLE UNIS HOARE AND BERYL MAVIS STOUT AS EXECUTORS OF THE ESTATE OF AVIS UNIS BRODERICK HC PMN CIV 2008-454-736

Citation

openlaw-67928a9d_8cac_4b38_ba25_db36021c7804.pdf
Court

High Court

The court held that although there was no evidence of pressure and the testator intended to favor her daughters, she had not adequately discharged her moral duty to the deceased son's children by merely supporting their father; the grandchildren were part of the family and in varying need so that a prudent and just testator would have made provision for them, and accordingly the estate must make limited awards reflecting need and the testator's primary obligation to her daughters.

New Zealand Case Law

CONNOLLY v ECKHOUT [2021] NZHC 1400

CARSON v LANE [2019] NZHC 3259

WAINE v TIGG [2018] NZHC 1976

YVONNE PAULA CARTER V BRENT CAMPBELL CARTER, SCOTT JONATHAN CARTER, NIKKI ANGELA ROGERS AND DANIEL WARD CARTER HC ROT CIV-2012-463-000002

KIRBY V SIMS AND FISHER HC WN CIV-2010-485-794

MALCOLM ANDREW CHALK AND ORS V MERLE UNIS HOARE AND BERYL MAVIS STOUT AS EXECUTORS OF THE ESTATE OF AVIS UNIS BRODERICK HC PMN CIV 2008-454-736