15 Jun 2011
JOHNSON v JOHNSTONE HC WHA CIV-2010-488-000108
- Citation
- openlaw-a4fc3fc3_dec3_4e28_b416_aef58361af25.pdf
- Court
- High Court
The Family Court erred in accepting unreliable and inadequate financial evidence to found a material need; the claimant failed to discharge the burden of proof on financial need, requiring a conservative remedy that minimally disturbs the will. On that basis the appropriate provision was quantified at $80,000 (20% of the estate) rather than 60%.