Brosnahan v Meo

[2021] NZHC 79

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2019-485-597

[2021] NZHC 79

UNDER

the Family Protection Act 1955

IN THE MATTER OF

the Estate of the late Anne Brosnahan

BETWEEN

CHRISTEN PETER BROSNAHAN

First Plaintiff

SARAH ST CLAIR BROSNAHAN
Second Plaintiff

ANNA ST CLAIR MURPHY
Third Plaintiff

RAVEN LEE McCALL
Fourth Plaintiff

AND

JOHN CLAYTON MEO

Defendant

AND

THE O’CONOR INSTITUTE TRUST BOARD

Third Party

Hearing:

14-15 October 2020

Counsel:

T G A Manktelow for the Plaintiffs C Matsis for the Defendant

W J Palmer for the Third Party

Judgment:

4 February 2021

JUDGMENT OF CULL J

Contents

Background  [8]

General background  [8]

Peter’s promise  [18]

Events after Cyril’s death  [21]

BROSNAHAN v MEO [2021] NZHC 79 [4 February 2021]

The wills  [26]

The plaintiffs’ circumstances  [27]

The Will and value of the estate  [31]

The issues  [33]

Did the deceased breach her moral duty to her son?  [35]

The law applicable to adult children claimants  [35]

Peter’s claim  [44]

The parent-child relationship  [49]

Peter’s contributions and his mother’s promise  [62]

The deceased’s promise  [73]

Past conduct  [83]

Conclusion  [91]

Did the deceased breach her moral duty to her grandchildren?  [93]

The grandparent-grandchild relationship  [93]
Sarah and Anna  [98]

Raven  [99]

To what extent do the terms of the Will need to be altered

to remedy any breach?  [110]

Result  [118]
Costs  [120]

[1]                 The deceased’s only child, Peter and his three children seek further provision from the estate of Mrs Brosnahan (the deceased) to remedy her alleged breach of moral duty in failing to make adequate provision for the claimants in her final will.1 These claims seek an acknowledgement of the familial relationships including her third grandchild omitted from the Will, and an award for the financial and non-financial contributions made by her son to the family assets.

[2]                 The deceased died on 10 March 2019 and her estate is represented as the defendant in these proceedings by the executor of the estate, who does not oppose the plaintiffs’ claims. The O’Conor Institute Trust Board appears as an interested party, being a charity and one of the beneficiaries of the deceased’s final will. The O’Conor Institute opposes the claims.2

[3]                 The executor reports that the net value of the estate is $1,870,880.39. In her final will dated 18 October 2018, together with a first codicil dated 27 November 2018 and a second codicil dated 22 January 2019 (together, the Will), the deceased left:

1      Family Protection Act 1955, s 4.

2      It is a registered charity under the Charities Act 2005.

(a)$700,000 to charity, including $100,000 to the O’Conor Institute;

(b)$200,000 to her two sisters;

(c)$100,000 to a friend;

(d)$150,000 to her three goddaughters;

(e)$200,000 to two of her grandchildren (second and third plaintiffs); and

(f)the residue to the deceased’s son, Peter. The residue currently amounts to approximately $620,880, although further liabilities are to be deducted from this amount.

[4]                 No provision was made for the fourth plaintiff, Raven,…