5 Aug 2021
MOLETA v DARLOW [2021] NZHC 2016
- Citation
- [2021] NZHC 2016
- Court
- High Court
The constructive trust claim failed for lack of evidence of material contributions and reasonable proprietary expectation; the deceased breached her moral duty under the Family Protection Act to the second and third defendants and the will is varied to award each $950,000 from the estate; Australian assets were considered for valuation but orders apply only to New Zealand assets.