30 Sept 2008
MURPHY V CASSELLS AND ORS HC PMN CIV-2007-454-398
- Citation
- openlaw-0083c3cd_53d8_46b4_836b_7942a6e853ad.pdf
- Court
- High Court
The $10,000 legacy to the sole surviving child constituted a breach of moral duty; having accepted the claimant's genuine intention to leave her religious order and assessing her needs accordingly, the minimum provision necessary to remedy the breach was one quarter of the total residue (being half of the residue allocated to charities), subject to credit for the $10,000 legacy and without disturbing the half of the estate held for the granddaughters.