17 Feb 2016
MARTIN v FINLAYSON AND ORS [2016] NZHC 81
- Citation
- [2016] NZHC 81
- Court
- High Court
The Family Court erred in law by applying a speculative 'wise and just testator would not have done X' standard and by balancing contributions and past inter vivos benefits as a justification for varying the will; a fair and wise testatrix could lawfully have given the 10 year right of occupancy so there was no breach of the duty to provide proper maintenance and support and the will must not be amended.