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Brooks v Peterson [2021] NZFC 10155

Published 23 February 2022

Application for further provision of estate — moral obligation — breach of moral duty — support or maintenance — Protection of Personal and Property Rights Act 1988 — Family Protection Act 1955, ss 3, 4 & 13 —Social Security Act 1964 — Trusts Act 2019 — Family Court Rules 2002, r 90F — Vincent v Lewis (2006) 25 FRNZ 714 (HC) — Williams v Aucutt (2000) 19 FRNZ 260 (CA) — Flathaug v Weaver (2003) 22 FRNZ 1035. This hearing was to determine an application for the further provision of the testator's estate. The testator had left half of his property to two of his daughters and nothing for his third daughter, who he considered had been provided for by his late wife's estate. The third daughter was intellectually disabled and was completely dependent on others for her care. The first two daughters applied to the Court as they considered the testator had breached his moral duty to his third daughter by not providing for her in his Will. The Judge agreed with this submission, noting that a parent will owe a moral duty to provide proper maintenance and support. In this case, the third daughter required support (a wider term) rather than maintenance due to her dependency on others. The applicants and lawyer for the third daughter agreed that a 10 per cent share of the testator's estate would be an appropriate award. Orders had been drafted by counsel and the Judge made orders by consent in terms of those draft orders. The Judge also ordered costs were to lie where they fell. Judgment Date: 8 October 2021. * * * Note: names have been changed to comply with legal requirements. * * *