New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Estate valuation

Legal area

Court

19 Feb 2021

FARQUHARSON v FARQUHARSON [2021] NZHC 222

Citation

[2021] NZHC 222
Court

High Court

Deceased breached his moral duty to his only son by making no testamentary provision; having regard to prior separation and property division, claimant's modest financial position, exclusion of executor's personal legal costs from estate liabilities and updated valuation of estate at $472,147.16, the minimum necessary to repair the breach was an aggregate award of $216,000 (cash $200,000 plus vehicle $13,500 and equipment $2,500), representing approximately 46% of the estate.
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.