New Zealand Case Law: Decisions & Judgments

Topic

Variation of wills

Legal area

Court

24 Oct 2012

DAVID MICHAEL ASHWELL V KENNETH NORMAN ASHWELL AND HOWARD ANTHONY ASHWELL HC AK CIV-2011-404-7110

Citation

openlaw-1ee3afed_e2d3_4cca_9a86_05fd62c863db.pdf
Court

High Court

Court found Valerie had an increased moral obligation to Ken and David due to their serious illnesses and that the small cash bequests did not discharge that duty; to repair the breach the court ordered the estate to pay Ken $50,000 and David $30,000 while preserving the testatrix's primary intention that Howard receive the house and residue, subject to Howard raising the required shortfall of $60,000 or sale of the property.
21 Oct 2008

L M HAINES V J A CHELLEW AND N W HAINES HC AK CIV 2004-404-004556

Citation

openlaw-7c229d03_3e3e_4e0b_9167_18b4a0b3c8ac.pdf
Court

High Court

The Family Court's awards were excessive in the circumstances and, having regard to the deceased's breach of moral duty assessed at date of death and subsequent events (notably the inter vivos gift to Neil recognised by the District Court), the appropriate provision is $200,000 to Jennifer and $25,000 to Neil with the residue to vest in Lynne; costs preliminarily to lie where they fall subject to submissions.
4 Jun 2003

WYLIE V WYLIE And Anor CA CA 231/02

Citation

openlaw-d8ccccc3_8e43_4ca6_9663_fb51d6c568a3.pdf
Court

Court of Appeal

The Court held that the wife was already adequately provided for by the trustees' appointment (life interest in residence and the whole income of the trust) together with her own assets, so the High Court erred in depriving the appellant of the primary gift (half of Salt Bush and half the stock and plant). The appeal was allowed restoring the will but charging the appellant's interest to make up the shortfall to his sisters so that each sister's total with residuary equals $200,000.

New Zealand Case Law

DAVID MICHAEL ASHWELL V KENNETH NORMAN ASHWELL AND HOWARD ANTHONY ASHWELL HC AK CIV-2011-404-7110

L M HAINES V J A CHELLEW AND N W HAINES HC AK CIV 2004-404-004556

WYLIE V WYLIE And Anor CA CA 231/02