By Andrew Steele - 18 May 2018
In their advancing years, many people come to rely on the
support, services and affection of others. Often this support is
not from family members. In such instances many people make or
imply promises that they will look after the service provider in
their will. The promises are more often than not made to secure the
benefits supplied, but can be made simply as a reward or 'gesture
of gratitude' for the services supplied.
Court judgments provide many examples where a will-maker failed
to make good on such promises in their will. In some cases because
the will-maker simply didn't get around to changing their will to
reflect the promise. In other cases it seems that they
duplicitously reneged on their promises and chose to pass on their
bounty to 'family', presumably, on the basis that 'blood is
thicker than water'.
People who have done work or provided services to someone on the
strength of an implied or actual promise (whether in writing or
orally) that they would be provided for or 'looked after' in
that person's will can bring a claim against the executors of the
promisor's estate to enforce the promise.
Such claims are made possible by the Law Reform (Testamentary
Promises) Act 1949 (the TPA) - legislation
unique to New Zealand.
The Courts have interpreted the TPA in a liberal way in order to
remedy the unfairness of failed promises. For instance, a promise
need not meet the standard of a contractual promise. The promise
may be inferred from the circumstances rather than expressed aloud.
And the promise can occur before or after the services were
supplied.
Similarly, work and services are given broad meanings so as to
include not only things done for the deceased but also
companionship, affection and emotional support.
If you provided work or services of the kind described above in
circumstances where you understood that the now deceased person
would reward you in their will, but they have not done so, then you
may well have a claim to pursue against that person's estate.
Contact
Trust and Estate Litigation
team