Application for further provision from estate — breach of moral duty — further maintenance and support — Family Protection Act 1955, s 4 — Nash v Haynes [2024] NZFC 570 — Williams v Aucutt [2000] 2 NZLR 479 — Auckland City Mission v Brown [2002] 2 NZLR 650 — Henry v Henry [2007] NZCA 42 — Fisher v Kirby [2012] NZCA 310 — Vincent v Lewis [2006] NZFLR 812 — O’Neill v O’Neill [2021] NZCA 585 — Brosnahan v Meo [2021] NZHC 79 — Cresswell v Roberts [2022] NZHC 1265 — Basingstoke v Groot [2007] NZFLR 363 — Black v Black [2014] NZHC 1478 — Crosswell v Jenkins and Hall-Jones (1985) 3 NZFLR 570 — Flathaug v Weaver (2003) 22 FRNZ 1035, [2003] NZFLR 730 — Ormsby v Van Selm [2015] NZHC 2822 — McKenzie v Thomas CA120/02, 14 November 2002. The applicant sought further provision from her deceased father's estate. The testator and his widow had four children together. The testator had died and left property to his widow. The testator's Will also stipulated that upon the widow's death, specific bequests were made to his children and the applicant's three children. The applicant was to receive a legacy of $100,000 and her three children $25,000. The testator's other two daughters were each to receive legacies of $200,000 and equal shares of the proceeds of bonus bonds. Any residuary amount from the estate was to be divided equally between the other two daughters and the son, and any debts owed by the daughters to the testator were to be forgiven. The Court noted that the other children and widow all agreed that the testator had breached his moral duty to the applicant. The reasons for the difference in bequests were for a number of personal reasons stated by the testator and his widow. Given the agreement as to the breach of moral duty, the Court was to determine whether this should be rectified now or on the death of the widow, as stipulated in the Will. The other issue was whether the breach was to be rectified by a lump sum or a percentage of the testator's estate. The applicant's position was that she should receive 25 per cent of the estate upon the widow's death. The Court considered the current value of the estate and the needs of the applicant, and determined that 13 per cent of the estate would be sufficient to rectify the testator's breach of his moral duty to the applicant. The applicant was to receive a $400,000 lump sum payment immediately, with the remainder to be paid on the widow's death in accordance with the Will. The Court ordered the Will be varied to this effect. Judgment Date: 5 July 2024. * * * Note: names have been changed to comply with legal requirements. * * *