7 May 2021
AP v LUCAS [2021] NZHC 1017
- Citation
- [2021] NZHC 1017
- Court
- High Court
The High Court dismissed the appeal and upheld the Family Court's exercise of discretion: the Judge properly found a breach of moral duty but awarded only such provision as necessary to repair that breach while respecting the testator's clear testamentary intentions; excluding the Newmarket apartment and the agreed $500,000 relationship payment from incidence was justified by the deceased's intention and the widow's caregiving, and awarding one third of the residue to the applicant (with the grandchildren each receiving one third) was within the permissible range and not plainly wrong.