Re Airey - [1990] 1 NZLR 593

Family protection — Claims — Application for provision — Children — Deceased separated in 1951 and thereafter neither maintained nor kept in contact with his two children — Deceased died in 1980 leaving small estate to his two sisters — Whether deceased was in breach of his moral duty to his children.

Family protection — Practice and procedure — Limitation of actions — Application for leave to follow distributed assets — Children of deceased sought leave to bring proceedings nearly two years out of time and subsequently applied for leave to follow assets distributed over five years earlier — Whether leave to bring proceedings should be granted — Whether application for leave to follow distributed assets may be made at any time — Whether leave to follow distributed assets should be granted — Family Protection Act 1955, s 9 — Administration Act 1969, s 49.