Van Moeseke v Andrews [2017] NZHC 1385 (22 June 2017)

Last Updated: 18 July 2017

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CIV 2015-454-20 [2017] NZHC 1385

IN THE MATTER OF	the Family Protection Act 1955
AND
IN THE MATTER OF	the estate of Paul Leon Gerard Van Moeseke
BETWEEN	LUCIUS CORNELIUS PAULUS VAN MOESEKE Plaintiff
AND	CHARLES JOHN ANDREWS AND JOHN HAMISH FREEBAIRN Defendants

On the papers
Judgment:	22 June 2017

_{JUDGMENT OF MALLON J}

[1] Mr Van Moeseke has brought a claim under the Family Protection Act 1955 seeking an order from the Court that provision be made for him out of his father’s estate. Mr Van Moeseke’s father died on 26 May 2014. He left a will dated 10 April

2014. Probate of the will was granted to the defendants on 15 July 2014. The estate has a value of approximately $3.6 million. The deceased made no provision for Mr Van Moeseke. Mr Van Moeseke is the deceased’s only child.

[2] Mr Van Moeseke has financial needs which are compounded by his health difficulties. These needs and his health difficulties are set out in the affidavits that have been filed. The basis on which an order under the Family Protection Act 1955 is sought is the failure of the deceased to make, out of the abundance of his

_{resources, a provision sufficient for the proper maintenance of Mr Van Moeseke.}

VAN MOESEKE v ANDREWS [2017] NZHC 1385 [22 June 2017]

[3] All relevant parties have reached an agreement pursuant to which two of the deceased’s properties are to be transferred to Mr Van Moeseke. In addition he is to receive a further provision of $1,040,000 from the estate (inclusive of an interim payment of $500,000 already made). This agreement means that two charities will receive less than that provided under the deceased’s will. They consent to this.

[4] I am satisfied that it is appropriate to make provision for Mr Van Moeseke out of the deceased’s estate pursuant to s 4 of the Family Protection Act 1955. Accordingly the draft order provided with the joint memorandum of counsel dated

8 June 2017 may be sealed.

Mallon J