9 Dec 2014
WIGHTMAN & ORS v PUBLIC TRUST [2014] NZHC 3124
- Citation
- [2014] NZHC 3124
- Court
- High Court
The Court held there had been no final distribution (Public Trust retained legal title), an extension of time to bring the FPA claim was justified, and on assessment of the testator's moral duty as at 1965 (applying the composite concept of maintenance and support) Wallace breached his duty by delegating an unfettered appointment to Clara which resulted in grossly disparate treatment of equally eligible grandchildren; remedial relief of $150,000 each to the five claimants was necessary to discharge the moral duty while avoiding unfairly displacing the legitimate reliance of the appointed bene…