18 Mar 2013
VAN UDEN V VAN UDEN HC CHCH CIV-2012-409-002081
- Citation
- openlaw-8acf2eb8_48f1_43b5_83f2_5500e77ae735.pdf
- Court
- High Court
Leave to commence the testamentary promises claims was granted because the ten-month delay was narrowly excusable given sustained settlement efforts and estate complications from earthquakes, the applicants showed a reasonable prospect of establishing an implied promise to equalise benefits and a nexus between services rendered and that promise, and no substantive prejudice to estate distribution was established; overall justice required granting the indulgence.