Richard Middlemiss’ brothers were held out of their inheritance for twenty years while he lived rent free in their late mother’s Blenheim home, refusing to shift. It took a court order to force a sale with Richard given six weeks to vacate.
The High Court was told their mother died in 2002, with Richard remaining in occupation of her three bedroom home on Main Street in Blenheim. Terms of her will left the property equally to her four sons. Richard refused to discuss a sale. He paid no rent. He failed to maintain the property. After twenty years, the property was described as being run down and unkempt.
His brother Stephen finally forced the issue seeking a Property Law Act court-ordered sale with the proceeds divided equally between the four brothers. Richard proved elusive. It took thirteen attempts to serve the court application on him. He did not defend the application or attend the court hearing.
Justice Churchman ordered a sale. Stephen told the court he filed the Property Law Act application after running out of options, needing to receive his inheritance. Approaching seventy, he had used all his savings and his only source of income was a pension and a disability allowance.
The Main Street property covers one hectare, with a current rating valuation of $375,000. The court was told the only likely buyer is a developer who will demolish the house, redeveloping the site.
Middlemiss v. Middlemiss – High Court (3.08.23)
23.130