Daughters Lorraine and Jolene were each awarded $950,000 from their late mother’s $5.4 million estate after left nothing in her will, all assets going to a third daughter Dellisse.
Delisse Moleta barred access to their mother in the last four years of her life; a period in which loans were secured over their mother’s previously mortgage-free properties and their mother’s condition declined dramatically. She was admitted to hospital weighing just 23 kilograms, three days before her death in July 2016.
The High Court was told family friction followed the collapse of their mother’s marriage in 1971. She bore a grudge against those who stayed with their father during what was an extremely bitter separation. In 1973, Mrs Moleta moved to Auckland with daughters Michelle, Delisse and Jolene. As a solo mother she worked very long hours to put these three daughters through a private education at Diocesan School. She had high expectations; any daughter who did not follow her bidding was ostracised. As her assets accumulated, Mrs Moleta purchased property in Auckland and later in Australia.
Evidence was given that Mrs Moleta followed daughter Dellisse to Australia in 1989, in part because Delisse was not coping well on her own and needed support. Dellisse had trained as a pharmacist. Her lack of business management skills led to a prosecution in Australia and her de-listing as a pharmacist. From there, Dellisse dabbled in share trading before amassing rental properties as had her mother. Mother and daughter returned to New Zealand in 2011, one year before Mrs Moleta suffered a stroke. At the time of her mother’s death: Dellisse owned in Australia two properties in her own name, two properties jointly with her mother; and in New Zealand four properties jointly with her mother. These jointly owned properties passed to Dellisse absolutely on her mother’s death by survivorship; they do not form part of her mother’s estate which separately holds in its own right three properties in Auckland, two in New South Wales and one in Queensland. The net equity in these estate properties totalled $5.4 million.
Justice Hinton ruled daughters Lorraine and Jolene were each entitled to $950,000 from their late mother’s estate under the Family Protection Act. The balance of her estate remains with Dellisse. Other daughter Melissa pre-deceased her mother.
When signing her will, Mrs Moleta was warned by her lawyers that cutting out Lorraine and Jolene would likely lead to litigation after her death. The total exclusion of Jolene and Lorraine from their mother’s will was a breach of her moral duty to provide them with maintenance and support, Justice Hinton said. Both had been very loyal and loving daughters and done all they could to help their mother, she said.
Moleta v. Darlow – High Court (5.08.21)
21.133