4 Dec 2014
LEWIS & ANOR v ABERNETHY & ANOR [2014] NZHC 3081
- Citation
- [2014] NZHC 3081
- Court
- High Court
The deceased discharged her duty to the daughter as primary beneficiary but failed to make adequate provision for her grandchildren; the 1984 arrangement and inherited company rights did not provide adequate or certain maintenance; given the grandchildren's needs and the size of the estate the will must be varied and each grandchild is entitled to 15% of the net estate, with indemnity costs met from the estate before distribution.