2 Jul 2014
IRELAND v GRANT [2014] NZHC 1523
- Citation
- [2014] NZHC 1523
- Court
- High Court
On the balance of probabilities the deceased made a testamentary promise to the Irelands (supported by a 1989 letter, the 1991 will, corroborating witnesses and contextual reliance), the Irelands rendered significant services and contributed financially (including materially to the cottage), there was a nexus and the deceased failed to provide the promised testamentary provision; exercising discretion as to relief the Court varied the will by vesting 50% of the farm at 590 Portobello Road in the Irelands as fair and reasonable compensation under s 3 TPA.