Cases - testamentary

Question 1

Biddle v Pooley

Answer 1

Facts:
- Do taonga pass to the deceased’s spouse
Held:
- Taonga not part of diseased’s personal estate

Question 2

Banks v Goodfellow

Answer 2

Testamentory Freedom
Facts:
- Testamentory capacity
Held:
- Testamentary freedom is subject to providing for family
- Testator must all be of sound mind and understand what they are disposing of

Question 3

Re Doorman

Answer 3

Ademption
Facts:
- One bank account left
- Funds in another, similar bank account
Held:
- No ademption
- Change in name and form only, not substance
- Clear intention for those funds to be left

Question 4

Re Welch

Answer 4

Testamentary Promises Act
Facts:
- Stepson case
Held:
- Services to family members must go beyond that expected in normal family conditions

Question 5

Williams v Aucutt

Answer 5

Family Protection Act
Held:
- Maintinance and support is wider than economic means
- Includes ethical considerations
- 10-20% is about enough

Question 6

Julian v Ina

Answer 6

Family Protection Act
Facts:
- Left land to 2 out of 14 kids
- Maori freehold land
Held:
- Tikanga is relevant
- Children can be expected to be provided for
- Whanau given space to reach consensus
- To restore whakapapa must provide something to all children