23 Mar 2021
SCOTT v GARNHAM [2021] NZHC 592
- Citation
- [2021] NZHC 592
- Court
- High Court
The High Court affirmed the Family Court's finding of a breach of the moral duty under s 4 but held the Family Court did not err in exercising its discretion to award 10% of the estate to the appellant given (a) the appellant is not in pressing financial need, (b) the estate was substantially depleted by the misconduct of a sibling which also affected the beneficiary, and (c) there was no evidence the beneficiary was complicit; accordingly the 10% award (and 10% of any future recoveries) was an adequate remedy and the appeal was dismissed.