Maguire v Maguire

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2018-409-000509

[2018] NZHC 3097

UNDER THE

WILLS ACT 2007

IN THE MATTER OF

ESTATE OF CHRISTOPHER JAMES MAGUIRE

BETWEEN

HEATHER MARGARET MAGUIRE

Plaintiff

AND

BRIAN JOHN MAGUIRE

Defendant

Hearing:	22 November 2018
Appearances:	J Stringer for Plaintiff Defendant in person
Judgment:	28 November 2018

JUDGMENT OF DUNNINGHAM J

Introduction

[1]        This is an application by the plaintiff, Heather Margaret Maguire, to validate a letter dated 24 October 2014 (the 2014 letter) as a will confirming the testamentary intentions of her late son, Christopher James Maguire (Chris).

[2]Mr Maguire, Chris’s father, opposes the application.

MAGUIRE v MAGUIRE [2018] NZHC 3097 [28 November 2018]

Background

[3]        Chris was born on 12 November 1988. He lived with his mother, father and sister in Timaru until his parents separated in mid-2009. After that Chris relocated to Christchurch as did his mother. In the period 2008 to 2011, Chris undertook studies at Polytech and completed New Zealand Army Basic Training, although at other times he was unemployed. During this period he lived with his mother with the exception of the nine month period when he attended basic training in 2008.

[4]        Sadly, Chris’s sister, Tracey, was diagnosed with Hodgkin’s lymphoma in 2008 and she died in March 2010. As Mrs Maguire explains in her affidavit evidence, Chris and Tracey were very close and she believes he never quite got over her death. Regrettably, Chris then succumbed to alcoholism and, from around 2011, he was on a sickness benefit and unable to work. It was withdrawal from alcohol that caused him to have a seizure, collapse and suffer the head injury that tragically took his life in late 2014.

[5]        Mrs Maguire supported her son Chris financially and emotionally until his death. She explains that Chris did not pay rent when he lived with her. It seems, too, she dealt with the harsh reality of living day to day with his alcoholism. Chris had little contact with his father after the move to Christchurch, and although he would sometimes accompany his mother to Timaru to see his grandmother, she says he generally chose not to visit his father at the same time. In addition, Mr Maguire made almost no contact with his son Chris, nor did he travel to Christchurch to visit him.

The estate

[6]        Chris’s estate is limited. He owns some personal items, an extensive DVD collection and has a small amount of money in his Kiwibank account. The only asset of any value is a life insurance policy which was taken out in 2010. Mrs Maguire paid the premiums on it for the period 2013 to 2016. She explains that Chris was going to cancel the policy because he could not afford it. However, she said she would cover the cost until he sorted himself out. After some resistance from the insurance company, the policy has eventually been paid out, and the sum of around $160,000…