Published 28 August 2020
Application for provision from will — breach of moral duty — failure to provide for child — maintenance and support — Henry v Henry [2006] NZFLR 502 — Fisher v Kirby [2012] NZCA 310 — Williams v Aucutt [2000] 2 NZLR 479 — Property (Relationships) Act 1976, s 21 — Family Protection Act 1955 — Testamentary Promises Act 1949. The applicant sought provision from his late father's will, after his father had left the entire estate to the applicant's mother. He alleged his father had breached a moral duty by failing to provide for him. Throughout his life, his father had given the applicant money for bills and even purchased him a house (which was sold after the applicant defaulted on the mortgage). The applicant did not see his father for the last ten years of his life until his father fell ill. The Judge was not satisfied there had been a breach of moral duty to provide financial maintenance to the applicant but as he was the deceased's only child, it was appropriate to give him a modest award. Ten per cent of the $288,682.54 was to be awarded. From this figure of $28,868 the Judge deducted $22,912 which had already been paid to the applicant from the estate to settle a claim under the Testamentary Promises Act, rounded to a final award of $6000. Judgment Date: 19 February 2020.
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