17 Apr 2013
WARRENDER V WARRENDER HC ROT CIV-2012-463-259
- Citation
- openlaw-e9961a68_0276_4069_be34_9903e970e4fc.pdf
- Court
- High Court
The court held as a matter of law that spouses may contract out of the statutory entitlement under s 77; the matrimonial/property agreement in this case did operate to contract out the plaintiff's entitlement; the subsequent deed of settlement was a binding compromise (not a s 81 disclaimer) and was not vitiated by mutual mistake; accordingly the plaintiff's claim was dismissed and letters of administration were to be granted to one or more defendants and the estate distributed per the deed.