Will — proper maintenance and support — breach of moral duty — father left nothing to children — Family Protection Act 1955 — Williams v Aucutt [2000] 2 NZLR 479, [2000] NZFLR 532, (2000) 19 FRNZ 260 — Re Lawler High Court, Palmerston North, 8 April 2003, AP 10/02. The four applicants sought an order under the Family Protection Act (the Act) for provision to be made for each of them from their late father's estate. They sought whatever amount the Court saw fit to award in order to provide proper support and maintenance. The deceased had left his entire estate to his de facto partner, or if she did not survive him, her children. He made no provision for any of his own children. The deceased had left the applicants and their mother when they were young children and had little to no contact with them since. He had three other children to another woman, but they did not take part in the proceedings. Counsel for the partner conceded the deceased had breached his moral duty to provide for the applicants both during his lifetime and after his death. The real issue was the quantum of the award made, especially as the estate was reasonably small. It comprised of a home worth $450,000 that was half-owned by the partner and about $20,000 of other assets. It was recognised by counsel for the applicants that any award would be for maintenance, as the estate was too small to provide support. Each applicant proved they were in need of financial support and gave evidence as to the hardship they suffered from their father's neglect. The Judge referred to case law and determined to award the applicants 25 per cent of the estate, being $36,136. As this result would require the partner to either re-mortgage or sell the home, she was given three months before the payments needed to be made. Judgment Date: 11 September 2019.