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Re Archer - [1990] 3 NZLR 737

$30.00

High Court Wellington
9, 10, 11, 12, 15, 16, 17 October; 9 November 1990
Hillyer J
Testamentary promises — Claims — Quantum of award — Promise related to real property — Claimant and her sons rendered services to deceased including simply companionship — Deceased promised to leave house and contents, which ultimately realised $640,000, to claimant and her family but her will did not provide for them — Claimant's solicitor consented to sale of house and contents provided $200,000 was held in trust pending resolution of claim — Whether companionship constituted services — Whether award must equate promise — Whether claimant was bound by agreement made by her solicitor with her ostensible authority to limit claim to $200,000 — Observations as to whether promise must be made to person who rendered the services — Law Reform (Testamentary Promises) Act 1949, ss 2 and 3.

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