On death of her mother, Nicky Jones found there was no will. This looked to be the end of her hopes to receive a promised half share of her mother’s $1.6 million Auckland home at Mellons Bay. The High Court enforced this earlier promise, ruling Nicky had given up prospects of a career and personal relationships to care for her elderly parents in response.
Dying without a will had her mother die intestate. This meant her assets were to be divided according to statutory rules in the Administration Act; divided three ways between Nicky and her siblings Mike and Katy.
The High Court was told their mother had stated many times before her death in 2018 that daughters Nicky and Katy were to have half the house each. Mike had already received plenty of financial support for his various business ventures, she had said.
With no will, these intentions were not implemented.
Justice Brewer ruled their mother’s estate had to transfer half share of the house to Nicky, following her claim of equitable estoppel.
Her mother had represented to Nicky that half the house was hers. Nicky had relied on this representation to her detriment by caring for her parents, instead of forging her own business career. She used her own money to keep up mortgage payments and contributed towards costs of her mother’s full-time care at end of her life.
Her mother’s estate was estopped, or prevented, from going back on her promise. It would be unconscionable to not honour the promise made, Justice Brewer ruled.
Sister Katy did not make any separate claim for the other half share.
With half share of the house going to Nicky, the other half share is still governed by Administration Act rules; to be divided three ways between each of the siblings.
The court was told there is still a mortgage over Mellons Bay, yet to be repaid.
re Estate Margaret Wilma Jones – High Court (21.06.24)
24.158