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Wirehana v Wirehana [2017] NZFC 2813

Published 15 March 2018

Division of estate — application for greater division of property — moral obligation — whether individual is a de facto partner — Maori land — Administration Act 1969 — Family Protection Act 1955. The applicant sought greater provision of his father's estate, in particular he sought the deceased's home. The deceased died without a will and his estate was to be distributed under the Administration Act. The deceased had Maori land that was outside of the jurisdiction of the court. The court considered whether the deceased was in a de facto relationship at the time of his death and found that the individual had renounced any entitlement that she may have had to the estate under the Administration Act. The court discussed the applicant's entitlement to the deceased's property, including work that the applicant had undertaken to renovate the property, discussions that had been had around the distribution of the deceased's estate, and objections raised by other children of the deceased. The court noted that the children of the deceased's first marriage had no connection with the property, the increased value of the property as a result of the work done by the applicant, and statements made by the deceased. The court found that the deceased saw his moral obligation to the applicant as being met by providing him with the property sought by the applicant, and that the deceased had failed to meet this obligation by not leaving a will to that effect. The court found that the property in question should be provided to the applicant, and that it was appropriate for the applicant to account to the estate of the deceased in relation to payments made in respect of the property whilst he occupied it. Judgment Date: 13 April 2017. * * * Note: Names have been changed to comply with legal requirements * * *