10 Aug 2005
KENYON AND KENYON V JCLOUGH AND ORS CA CA106/04
- Citation
- openlaw-c8a4ca04_9d38_4f16_9483_267ef7e64c06.pdf
- Court
- Court of Appeal
The Court of Appeal held that relief under the Family Protection Act was available because the testatrix had recognised a moral obligation to her daughter but that attempt miscarried due to a mistake about the size of her estate (notably undisclosed indebtedness); however the High Court had overreached in seeking broad equalisation across decades of inter vivos and testamentary transactions, so the proper remedy was to increase the daughter's pecuniary legacy to $150,000 while leaving other clauses intact.