Broadbent v Broadbent-Matete - [2024] NZHC 3673

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV2023-485-614735

[2024] NZHC 3673

IN THE MATTER of the Estate of Michael John Broadbent

BETWEEN

IRIS KAY BROADBENT

Applicant

AND

MICHELLE YVONNE BROADBENT- MATETE

Respondent

CIV-2023-404-2195

IN THE MATTER

of the Administration Act 1969

BETWEEN

MICHELLE YVONNE BROADBENT- MATETE

Applicant

AND

IRIS KAY BROADBENT

Respondent

Hearing: 18 November – 19 November 2024

Appearances:

S Bailey for M Y Broadbent-Matete P A Fuscic for I K Broadbent

Judgment:

4 December 2024

JUDGMENT OF WILKINSON-SMITH J

This judgment was delivered by me on 04/12/2024 at 4 pm Pursuant to Rule 11.5 of the High Court Rules

…………………………

Registrar/Deputy Registrar

BROADBENT v BROADBENT-MATETE [2024] NZHC 3673 [4 December 2024]

Introduction [1]

Facts/evidence[6]

The law[43]

The incomplete will [47]

Mr Broadbent’s testamentary intentions[59]

Conclusion[73]

Costs[77]

Introduction

[1] This decision concerns cross-applications in respect of the estate of Michael John Broadbent. Mr Broadbent died on 3 May 2023. At the time of his death, he was married to Iris Broadbent, but the couple had been separated since 2016.

[2] During the relationship Mr and Mrs Broadbent accumulated relationship property including two houses, one at Mahia Road, Manurewa and one at Ainsdale Place, Manurewa. Both properties were owned by Mr and Mrs Broadbent as tenants in common in equal shares.

[3] Mrs Broadbent applies for probate of a will executed by Mr Broadbent in 2003 under which she is the sole beneficiary of his estate. This is opposed by Mr Broadbent’s four children.

[4] Michelle Broadbent-Matete is Mr Broadbent’s daughter and one of the four children of his first marriage. She applies under s 14 of the Wills Act 2007 to validate an incomplete will and four other documents collectively as Mr Broadbent’s will. The documents relied on are:

(a)an incomplete and unsigned will prepared by Mr Broadbent in 2023;

(b)a transcript of a conversation between Mr Broadbent and his son Pierre Broadbent in January 2023;

(c)an affidavit sworn by Mr Broadbent on 7 February 2023 in support of a dissolution of his marriage to Mrs Broadbent;

(d)file notes of a conversation between Mr Broadbent and a lawyer on 7 February 2023; and

(e)a proposed agreement dated 27 March 2023 between Mr Broadbent and Mrs Broadbent regarding the division of their relationship property.

[5] Ms Broadbent-Matete argues that the documents taken together prove that Mr Broadbent did not intend to leave his estate to Mrs Broadbent but rather intended that his share of the relationship property would be divided between his four children.

Facts/evidence

[6] Mr Broadbent and Mrs Broadbent met in 2000 and began a relationship in 2002. They were married on 23 March 2003.

[7] Mr Broadbent had four adult children from his first marriage, Odette Broadbent, Michelle Matete-Broadbent, Cherie Broadbent and Pierre Broadbent. Mrs Broadbent also had children from her first marriage.

[8] On 9 November 2003, Mr Broadbent executed a will. Mrs Broadbent and Michelle Broadbent-Matete are the named executors of that will.

[9]…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Broadbent v Broadbent-Matete

Details

AGLC: Broadbent v Broadbent-Matete [2024] NZHC 3673
Case: [2024] NZHC 3673
Decision Date: 4 December 2024

CaseChat Overview and Summary

This case concerns cross-applications in respect of the estate of Michael John Broadbent, who died on 3 May 2023. Iris Broadbent, the applicant, seeks probate of a will executed by Mr Broadbent in 2003, under which she is the sole beneficiary of his estate. This is opposed by Mr Broadbent’s four children. Michelle Broadbent-Matete, the respondent, applies under s 14 of the Wills Act 2007 to validate an incomplete will and four other documents collectively as Mr Broadbent’s will. Michelle Broadbent-Matete argues that the documents taken together prove that Mr Broadbent did not intend to leave his estate to Mrs Broadbent but rather intended that his share of the relationship property would be divided between his four children. The court found that Mr Broadbent intended to revoke any earlier wills and did not intend to leave his property to Mrs Broadbent. He had begun the process of drafting a new will which reflected his intention to leave his estate to his four children. The court declared the incomplete will; the 7 February 2023 file notes of Mr O’Brien; the affidavit dated 7 February 2023 sworn in support of the application for dissolution of marriage; and the proposed agreement dated 27 March 2023 collectively to be the valid will of Michael John Broadbent. The court also directed the parties to attempt to agree costs and made directions for any application for costs to be made by memorandum to be filed and served within 10 working days of the date of this judgment.

Orders