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In the Matter of the Estate of Mabel Florence Murray the Court had to determine whether Mrs Murray had testamentary capacity when she executed a codicil and the earlier will. Evidence was given by Mrs Murray’s doctor, son and lawyer; all of whom were found to be credible. However, the view of the Court by … Continue reading
The background to Hamilton v Kirwan can be set out as follows: A 58.9450 hectare block of rural land (the Property) was purchased in 1984 In December 1997 the Property owner’s daughter began living on the Property. In 2000 she built a dwelling on the Property part of which was funded by a $20,000 advance … Continue reading
Wills that do not meet the requirements of the Wills Act 2007 as set out in s 11 of that Act can be validated pursuant to s 14 of the Wills Act. As noted in Estate of Phillips at [25], “The critical enquiry is whether the documents does any or all of the things described … Continue reading
Moon v Lafferty is an unsuccessful claim for discovery before commencement. The background of the claim is a family estrangement. The applicants’ mother settled a trust during her life and gifted $300,000 to that trust from a settlement of $388,871 the deceased received from litigation between her and her daughter Jessica (one of the applicants). … Continue reading
Re W relates to the scenario of which movies are made where a relative leaves considerable wealth to a single individual. In this case the prior beneficiary of the deceased’s wealth was to be his sister, W’s mother. However, after the deceased became estranged from his sister, the deceased altered his will so as to … Continue reading
In New Zealand, mutual wills can arise: (a) by recognition of an institutional constructive trust pursuant to the equitable doctrine of mutual wills, or(b) in relation to wills signed on or after 1 November 2007 through a claim by the intended beneficiary on a promise in relation to mutual wills as provided for in s … Continue reading
Violet Filomena Cox (Violet) made a number of wills, the last of which was a hand anotated copy of Violet’s last will and an unsigned draft. The administators of Violet’s estate sought directions under s 66 of the Trustee Act 1956 as to how the estate should be distributed and for a declaration under s … Continue reading
Ethel Moudale Uluakiahoia died intestate on or abut 5 January 1989 leaving 10 adult children, three of whom were some years later appointed administrators in 2008. Following Mrs Uluakiahoia’s death different family members lived in the Estate’s sole asset, a residential property in Papatoetoe. Eventually, agreement was reached that one of the administrators Ms Povey, … Continue reading
In Re Estate of Kamo relates to the interpretation of a clause in a will that on the face of it, offends the rule against perpetuities. The clause in question provides that: “I DIRECT the residue of my estate shall be administered by the Public Trustee as Trustee to provide a scholarship to be known as … Continue reading
The Epidemic Preparedness (Wills Act 2007—Signing and Witnessing of Wills) Immediate Modification Order 2020 (the Order), is a temporary order that was made under the Epidemic Preparedness Act 2006. The Order came into force on 17 April 2020 and will be revoked when the Epidemic Preparedness (COVID-19) Notice 2020 expires or is revoked. The … Continue reading
Matters of Trust 