Re Mercer (deceased) - [1977] 1 NZLR 469

Family protection — Application by widow and daughters where testator had stated in his will that they had been disinherited because his wife had deserted him and had alienated the children's affections — Onus on residuary legatee to show wife's conduct had disentitled her — Conduct insufficient to disentitle may affect amount of provision — Where a testator by his will has benefited a person or charity as appreciation for benefits conferred on testator during his life, this must be taken into account — Testator's own neglect of wife or children is a factor — Provision of lump sum.