7 Aug 2023
CHAMBERS v THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED [2023] NZHC 2084 [7 August 2023]
- Citation
- [2023] NZHC 2084
- Court
- High Court
On the facts the claimant proved she rendered significant services, there was an express promise (supported by contemporaneous accountant's file note and family evidence) and a sufficient nexus between services and promise; deceased failed to make the promised testamentary provision; accordingly the TPA claim succeeds and, alternatively, a common intention constructive trust is established. Appropriate relief in principle vests deceased's 40% shareholdings in CJL and CJEL in the claimant but subject to an income provision for the widow equivalent to 10% of CJL annual net profits for her lifet…
- Law reform (testamentary promises) act 1949
- Common intention constructive trust
- Family protection act 1955
- Probate versus extrinsic promises
- Valuation of shareholdings
- Remedial relief and life interest