Court of Appeal Wellington
11 May 1987; 30 March 1988
Somers, Casey and Bisson JJ
11 May 1987; 30 March 1988
Somers, Casey and Bisson JJ
Matrimonial property — Division of assets — Assessment of widow's claim against estate of deceased spouse — Marriage of 26 years duration during which husband and wife worked together on a farm and brought up seven children — Husband died intestate leaving an estate on which duty of $89,032 was payable — Wife with support of the children brought proceedings under Matrimonial Property Act 1963 seeking on half share in the matrimonial property — Whether the fact that the ultimate aim of the application was to lessen estate duty was relevant — Whether the wife's share in the estate under the intestacy should be brought into account — Whether the wife was entitled to a 50% interest in the estate under the 1963 Act — Matrimonial Property Act 1963, ss 5 and 6.
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