Lewis v Cotton - [2001] 2 NZLR 21

Family protection — Practice and procedure — Costs — Unsuccessful plaintiff — Indemnity costs — Substantial costs.

Family protection — Claims — Whether adequate provision made in will for “proper maintenance and support” — Whether breach of moral duty — Plaintiff recognised by significant support received from testator during his lifetime and by gifts in will — Whether plaintiff to pay costs of other parties defending unsuccessful claim.

Wills — Mutual wills — Absence of evidence of intention to be bound not to change will — No promise not to revoke will — No promise not to deal with property inconsistently with mutual engagement not to revoke will.