30 Oct 2013
JOHNSTON v MAPP [2013] NZHC 2858
- Citation
- [2013] NZHC 2858
- Court
- High Court
Defendant failed to prove she was a surviving de facto partner at the time of death; available evidence did not establish the alleged gifts or oral personal guarantees; as administrator the defendant applied estate proceeds in breach of the statutory trust for the siblings and those who knowingly received funds in breach of trust (or to whom funds were traceable) are liable to account, resulting in declarations and orders for repayment and accounting.