IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2018-404-002401
[2019] NZHC 2486
BETWEEN ANN ELIZABETH SINGLETON and SUSAN HAZEL MARSHALL
Applicants/RespondentsAND
PETER JAMES MARSHALL
Respondent/Applicant
Hearing: 9, 10 September 2019 Appearances:
P J Stevenson for Applicants/Respondent C J Orton for Respondent/Applicants
Judgment:
1 October 2019
JUDGMENT OF VENNING J
This judgment was delivered by me on 1 October 2019 at 11.45 am, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
Solicitors: McVeagh Fleming, Auckland
Corban Revell, Auckland
Counsel: P Stevenson, Auckland
SINGLETON v MARSHALL [2019] NZHC 2486 [1 October 2019]
Introduction
[1] James Marshall died on 11 January 2018 aged 86. He left a will dated 11 April 2015 (the 2015 will) which divided his estate equally between his four adult children: Ann, Christine, Peter and Susan.
[2] In the weeks before he died another document was prepared which James did not sign but which, if accepted as representing his testamentary intention at the time, would alter the distribution of his estate in favour of Peter and Christine to the disadvantage of Ann and Susan.
[3] There are two applications before the Court. Ann and Susan apply under s 19(1) Administration Act 1969 for orders nisi for the administration of the estate pursuant to the terms of the 2015 will. Peter applies to have the document declared a valid will under s 14 of the Wills Act 2007 (the Act).
Factual background
[4] James was born in 1931. He married Shirley in 1954. They had four children and remained married until Shirley’s death in 1985.
[5] For some time there has been a tension between the four children. They fall into two camps, on the one side Ann and Susan, and on the other, Christine and Peter. Christine and Peter have had more contact with James, particularly over recent years.
[6] James made two wills: the first on 17 December 1998 and then subsequently, the 2015 will. Both the 1998 and 2015 wills provide for equal distribution of James’ estate between his four children. The only material difference is that the 1998 will appointed the Public Trustee as executor and trustee whereas the 2015 will appointed Peter as executor and trustee.
[7] On 12 December 2017 James was admitted to hospital. On 15 December, whilst in hospital, he was diagnosed with terminal cancer. James was discharged home on 22 December 2017 for palliative care. Because of his health he required assistance and care 24 hours a day, seven days a week.
[8] While at home the family prepared a roster to provide 24-hour care for James. Christine and Peter assumed responsibility for administering the roster.
[9] On the morning of 30 December there was a mix-up in the roster arrangements. Although there had been a change to the roster arrangements, Christine had overlooked telling Ann and Susan. They arrived at James’ home in the morning. Christine’s son Anton was already there and caring for…
Continue reading Singleton v Marshall
Sign in free to access the full text
- AGLC
- Singleton v Marshall [2019] NZHC 2486
- Case
- [2019] NZHC 2486
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.