New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Recognition award
  • 16 Nov 2023

    WOLFGRAMM v WOLFGRAMM [2023] NZHC 3202

    Citation
    [2023] NZHC 3202
    Court
    High Court

    The court found there was a breach of moral duty to both Stanley and Alexis warranting modest recognition awards rather than broad testamentary revision, having regard to the nature and history of the relationships, prior lifetime provision and the size and composition of the estate; accordingly each applicant was awarded an additional interest equal to 5% of the gross estate (NZ$50,555 each).

  • 13 Nov 2020

    O’NEILL v O’NEILL [2020] NZHC 2988

    Citation
    [2020] NZHC 2988
    Court
    High Court

    Medical and lay evidence established the deceased had testamentary capacity when he executed the 2012 will; evidence did not establish the wills were procured by undue influence (the presumption was rebutted by context including consistent prior testamentary intent, medical and solicitor observations, handwritten contemporaneous statements and the modest estate), and on balance the deceased did not breach his moral duty to his adult children given the limited estate and pre-eminent duty to his spouse; probate of the 2012 will granted and all challenges dismissed.