Buckland v Commissioner of Stamp Duties - [1954] NZLR 1194

Contract — Estoppel — "High Trees" Principle — Recital in Deed — Denial of Accuracy thereof — Testamentary Gift to Widow of Income for Life — Deed, entered into by All Beneficiaries under Will, varying Provisions of Will — Accumulation of Arrears of Widow's Income — Informal Arrangements in Letters between Parties to Deed varying or suspending Terms — Supplemental Deed, between Same Parties, reducing Widow's Income with Release by Widow of Claims for Amounts payable under Earlier Deed but not received by Her — Recital in Later Deed as to Accumulation of Arrears — Evidence proving Recital Erroneous — Parties to Deed not prevented from Denying Accuracy of Recital as to Arrears — Arrangements in Letters supportable in Contract — Equity giving Effect to Such Informal Contract.

Public Revenue — Death Duties (Gift Duty) — Claim on Widow's Estate for Gift Duty — Release by Widow of Claim for Arrears of Income under Deed of Family Arrangement claimed to be Disposition of Property without Adequate Consideration — Widow, having effectively altered Her Rights, No Longer entitled to Full Income under Deed — Supplemental Deed containing Recital of Arrears — Recital Erroneous — Representation not made to Commissioner — Release in Supplemental Deed not "disposition of property" — Death Duties Act, 1921, ss 5 (1) (b), 38 (1).