Application for provision from estate — Family Protection Act 1955, s 4 — Williams v Aucutt [2000] 2 NZLR — Lamb v Brock 2013 NZFC 916730 —Estate of Pauline 2012 NZHC 1830. The applicant’s were successful in their application for provision from their deceased father’s estate. The context of the proceedings was that the testator (will-maker) had provided for his four younger children but excluded the applicants. The applicants provided evidence that they had been abused (psychologically and for one applicant physically) by their father as children. In order to gain provision the applicants had to show: (a) A failure by their father to exercise the moral duty of a just and wise testator; and (b) The need for proper maintenance and support. Before making an assessment the Judge noted: * An applicant’s need to have recognition for emotional reasons as a child of a deceased’s family is a need that is to be considered by the Court. * There can be provision to an applicant for the purpose of restoration for the wrongs of parenting. * The Court’s role is not to rewrite a testator or testatrix’s will as it sees fit but to, if there is a failure to exercise an appropriate moral duty, provide to then make provision to the extent necessary to meet the established need. The case of “Pauline” provided that “the adequacy of the allocation must be assessed on the facts of each case”. The Judge concluded that the applicants were entitled to provision from the estate for recognition of their place in the family and restoration as a result of emotional deprivation. The estate was to be shared equally between the children. Judgment Date: 25 May 2016. * * * Note: names have been changed to comply with legal requirements.* * *