4 Sept 2015
MAHON v MAJOH [2015] NZHC 2143
- Citation
- [2015] NZHC 2143
- Court
- High Court
The Court concluded there was insufficient evidence that John exercised undue influence over Melva in 2004, 2006 or 2008 — the wills reflected her independent judgment, principally shaped by concern for the continuity of the family business; there was no basis for a common intention constructive trust over the farm or Ngaruawahia properties because no common intention or requisite contributions were established; and the Family Protection Act claims failed because substantial and adequate provision was made for the grandchildren. Consequently all claims were dismissed.