IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
CIV 2012-409-001312 [2014] NZHC 3124
BETWEEN COLIN MARK WIGHTMAN, RICHARD
CHARLES CLELAND OLDFIELD, RODGER WIGHTMAN ANDERSON, ANN MARIE FLOOD and PAMELA JANE PARROTT
AND
PUBLIC TRUST AS EXECUTOR OF THE ESTATE OF ROBERT WALLACE WIGHTMAN
Defendant
Hearing: 15, 16 & 17 September 2014 Counsel:
S Grieve and S Caradus for Plaintiffs
N Till QC and R Calvert for Defendant
I Hunt and D Weatherley for Parties directed to be servedJudgment:
9 December 2014
JUDGMENT OF WHATA J
Introduction
[1] Robert Wallace Wightman (Wallace) was a Canterbury farmer. He died in
1965 leaving a large estate comprising of various land blocks near Methven and Rakaia. His eldest daughter, Clara, was left with the responsibility to distribute his residuary estate to “any or all” of his grandchildren. Clara passed away in 2011 and left it to one of them. The residuary estate comprises a farm valued at about $11.5 million. This proceeding concerns a claim by five of the grandchildren against Wallace’s estate on the basis that he failed to discharge his moral duty to them by, in short, delegating an unfettered discretion to Clara to distribute the residuary estate.
[2] The parties agree that this proceeding gives rise to four key issues, namely:
WIGHTMAN & ORS v PUBLIC TRUST [2014] NZHC 3124 [9 December 2014]
(a) whether the estate has already been finally distributed;
(b) whether the five grandchildren should be granted an extension of time
to make a claim against Wallace’s estate;
(c) whether there has been a breach of Wallace’s moral duty to the grandchildren; and
(d) if relief is to be granted, what is the nature of that relief?
Background
[3] The Wightman family has deep roots in Canterbury. Isabella Mary Wightman (nee Houston) came to Methven in 1902, the daughter of Irish immigrants, Clarissa and Adam. She married Wallace on 4 February 1913 and moved to the Rakaia Gorge homestead in about 1915. A family soon followed. Clara was born in 1915, Charles (Charl) in 1918, Robert Wilson (Wilson) in 1921 and Rebecca and Margaret in 1922 and 1923. Wallace farmed five properties between Methven and the Rakaia Gorge until the Great Depression. The banks closed down the farms and as with many New
Zealand families, the Wightman family “struggled through those stressful years”.1
[4] Over the course of the next three decades, Wallace and Isabella accumulated a large estate comprising several properties in the Methven-Rakaia region. This included farming properties known as “Rangatira,” “Poffs Reserve,” “Winterslow,” and a farm property at Arundel Road in the Rakaia Gorge.2
[5] Isabella passed away in August 1960 leaving successive life interests in the Arundel Road property to Wallace, her son, Charl and her grandson, David Miles Wightman. David would ultimately surrender his life interest in the property in January 2012 and it was sold at auction for about $7,810,000. The proceeds of sale
were distributed in accordance with Isabella’s will to David, Rebecca’s three
1 The source of this…
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- Wightman v Public Trust [2014] NZHC 3124
- Case
- [2014] NZHC 3124
- Decision Date
CaseChat Overview and Summary
The court held that there had not been a final disposition of the estate, as the Public Trust still retained legal ownership and possession of the Rangatira farm. The court also found that the delay in bringing the claim was excusable, as the plaintiffs did not have direct knowledge about Clara's intention to exercise her power of appointment solely in favour of Robert William until they became aware of the terms of her will. The court assessed the moral duty owed to the grandchildren, concluding that it encompassed the requirement to provide familial recognition. The court found that Wallace breached his moral duty to the grandchildren by not providing for them, as five factors combined to take the case outside the normal run of cases. Finally, the court granted relief by awarding $150,000 to each of the five claimants, reserving leave to the parties to revert for timetabling orders in terms of the management of this issue.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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