New Zealand Case Law: Decisions & Judgments

Topic

Testamentary promises act claims

Legal area

Court

24 Aug 2020

HAMILTON v KIRWAN & ANOR [2020] NZHC 2149

Citation

[2020] NZHC 2149
Court

High Court

On the balance of probabilities the deceased made clear assurances to the plaintiff that she would receive a share of the Cove Road property; plaintiff reasonably relied to her detriment and it would be unconscionable for the deceased (and successors) to resile; proprietary estoppel established and the transfer into the Trust of 14 June 2016 is declared null and void; equitable relief ordered by vesting the whole property in the three children as tenants in common in equal shares. All other causes of action (constructive trust, undue influence, Family Protection Act claim, testamentary promis…
5 Dec 2014

GOLLAN & ANOR v OFFICIAL ASSIGNEE AT HAMILTON CA694/2013 [2014] NZCA 596 [5 December 2014]

Citation

[2014] NZCA 596
Court

Court of Appeal

Extension of time refused because applicants failed to provide admissible evidence explaining delay, significant unexplained delay followed a prior extension, proposed appeal lacked realistic prospects because the estate's net assets were small and proposed claims would not likely produce a surplus after Assignee costs and creditor claims, and a further extension would prejudice the Assignee and beneficiaries by prolonging litigation and increasing costs; therefore the interests of justice did not favour granting an extension.
2 Apr 2014

ESTATE K E REDGATE [2014] NZHC 651

Citation

[2014] NZHC 651
Court

High Court

The court held that the proposed Deed of Family Arrangement was not to the minor's detriment and was likely to confer a significant benefit by providing immediate capital and resolving threatened claims; accordingly the Court approved the Deed under s64A Trustee Act 1956 on condition the minor's share is held on trust until she turns 20 and then distributed with accrued interest or capital gain.

New Zealand Case Law

HAMILTON v KIRWAN & ANOR [2020] NZHC 2149

GOLLAN & ANOR v OFFICIAL ASSIGNEE AT HAMILTON CA694/2013 [2014] NZCA 596 [5 December 2014]

ESTATE K E REDGATE [2014] NZHC 651