Published 07 December 2016
Breach of moral duty to children — amount of redress — Family Protection Act 1955, s 3 and 4 — Vincent v Lewis [2006] NZFLR 812, (2006) 25 FRNZ 714 (HC) — Williams v Aucutt [2000] 2 NZLR 479 (CA) — Joan v Mary [2012] NZHC 1830, [2013] NZFLR 99. A claim was brought by three children of the deceased. The issues determined were whether there was a breach of moral duty owed by not providing for the children under the will, and if so, what quantum was appropriate to redress the breach. The principles of "Vincent" were considered and it was determined that there had been a breach of moral duty by the will-maker. The moral duty owed due to the paternal relationship was intensified by the deceased's poor quality of parenting, and criminal offending in the form of sexual abuse of the applicants. "Williams" was then considered regarding "support" under the Act, and it was determined that the children's financial well-being did not prevent an award. Neither did the small size of the estate. 15 percent was awarded to each applicant in light of "Joan v Mary". Judgment Date: 28 July 2016. * * * Note: Names have been changed to comply with legal requirements * * *
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