IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY
I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE
CIV-2021-454-10
[2022] NZHC 3544
IN THE MATTER of the Estate of TRUDY ANNE LAWTON UNDER
the enforcement of a section 21A Property (Relationships) Act 1976 agreement
BETWEEN
KAREN IVY SWENSON AND ANTHONY HARVEY SWENSON
Plaintiffs
AND
GRANT MATTHEW LAWTON
Defendant
CIV-2021-454-35 IN THE MATTER
of the Estate of TRUDY ANNE LAWTON
UNDER
the Family Protection Act 1955
BETWEEN
GRANT MATTHEW LAWTON
Plaintiff
AND
KAREN IVY SWENSON AND ANTHONY HARVEY SWENSON
Defendants
CIV-2021-454-42 IN THE MATTER
of the Estate of TRUDY ANNE LAWTON
UNDER
the Property (Relationships) Act 1976
BETWEEN
GRANT MATTHEW LAWTON
Plaintiff
AND
KAREN IVY SWENSON AND ANTHONY HARVEY SWENSON
Defendants
SWENSON & SWENSON v LAWTON & ORS [2022] NZHC 3544 [19 December 2022]
Hearing: 5-6 July 2022 Counsel:
G A Paine for Mr Grant Lawton
G P Mason for the Executors of the Estate of Trudy Lawton
Judgment:
19 December 2022
JUDGMENT OF ISAC J
Introduction
[1] In late 2002, Ms Trudy Lawton suffered a serious stroke and was diagnosed with Moyamoya disease, a rare condition affecting blood vessels in the brain. She was told that she would not live long. For the next 15 years Trudy was supported, cared for and loved by her husband, Mr Grant Lawton, until they agreed to separate. In 2018, Trudy and Grant entered into an agreement under s 21A of the Property (Relationships) Act 1976 in which they divided their relationship property (the agreement). Among other things, the agreement provided that if Trudy died within 10 years, Grant would pay half of the proceeds of Trudy’s life insurance policy to her estate.
[2] Trudy passed away less than two years later and Grant received $431,250 under the life insurance policy. He subsequently refused demands by the executors of Trudy’s estate—her sister and brother-in-law—for half of the proceeds. In these related proceedings, Grant now seeks to have the agreement set aside under s 21J of the Property (Relationships) Act. He also seeks maintenance from Trudy’s estate under the Family Protection Act 1955. In response, the executors seek to enforce the agreement. Alternatively, if the agreement is set aside, they seek a fresh division of the relationship property taking into account capital gains Grant has made since the relationship property was divided.
[3]Two broad issues require determination:
(a)First, whether the agreement should be set aside under s 21J of the Property (Relationships) Act on the basis that giving effect to it would
cause serious injustice. If not, the executors are entitled to judgment against Grant for half of Trudy’s life insurance proceeds.
(b)Second, whether any provision for Mr Lawton ought to be made from Trudy’s estate under the Family Protection Act.
Background
[4] Grant and Trudy met in 1994 and soon began a relationship. They were married in 2000, and lived together with Grant’s three children from a previous relationship.
[5] In mid-2000, Trudy took out an insurance policy over her life. That was…
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- Swenson v Lawton [2022] NZHC 3544
- Case
- [2022] NZHC 3544
- Decision Date
CaseChat Overview and Summary
The court had to decide whether the agreement should be set aside under section 21J of the Property (Relationships) Act and if any provision for Grant should be made from Trudy's estate under the Family Protection Act. The court found that the agreement did not cause serious injustice and that Grant did not have a continuing moral obligation to provide for Trudy under the Family Protection Act. The court dismissed Grant's claim to set aside the agreement and his claim under the Family Protection Act. Judgment was entered against Grant for half of the insurance proceeds and interest, as well as the executors' reasonable solicitor-client costs.
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