26 Jul 2019
Because all claimants entitled under the Family Protection Act and trustees consented, and the proposed settlement repaired the identified breach of moral duty in a manner consistent with statutory principles and trustee powers, the Court approved the settlement and made directions to divide the estates and trust assets as agreed to provide adequate provision and avoid unintended trust outcomes.
9 Dec 2014
The High Court found that, objectively considered, the will failed to make adequate provision for the proper maintenance and support of the first to sixth respondents because the testatrix had unduly favoured the appellant and based distributions on misunderstandings; the Family Court's equalisation order was set aside and replaced with a remedial distribution that preserves the testatrix's reward to the appellant while repairing the breach: the property must be sold and net proceeds divided 40% to the appellant and the remaining 60% divided equally among the first to sixth respondents (with…
28 Aug 2013
The Judge did not err in principle or discretion; the testatrix expressly prioritized whanau and hauititanga in her will and the High Court correctly exercised a conservative discretion to award the appellant Maori incorporation shares worth $29,468 as adequate further provision to repair any breach of moral duty, so the appeal is dismissed.