In the weeks before his assisted death, Mark Dolan transferred a half-share of his family home to his spouse and all but disinherited his daughters from an earlier relationship. His brother Matthew had the High Court halt further transactions, in advance of a challenge to widow Erin’s role on this transfer of ownership.
Mark Dolan died in August 2024. His brother alleges long-standing arrangements allowing Mark’s daughters to inherit on his death were changed as a result of both Erin’s undue influence and Mark’s lack of capacity to make decisions in the days prior to his death.
The High Court was told of a Property (Relationships) Act agreement signed by Mark and Erin in 2017 setting out entitlements to an Auckland property then owned by Mark alone.
It was agreed that title would be changed, with each to then hold a half share as tenants in common. Erin agreed to accept liability on an existing mortgage.
Holding title as tenants in common meant that Mark’s half share would form part of his estate on death.
The court was told that a fortnight before Mark’s death, title was changed to have the two registered as joint tenants. This meant Erin assumed full ownership, by survivorship, on Mark’s death. His half share no longer formed part of his estate.
Mark also re-wrote his will just prior to his death.
The law firm he regularly dealt with advised him that his daughters would likely claim against his estate if there was no provision for them in his will.
Evidence was given that Mark went to a different firm of lawyers two days later, signing a will leaving virtually all his estate to Erin, with his daughters to share a little over $20,000 held in his Kiwisaver account.
Brother Matthew is named as executor of Mark’s will.
Learning that Mark’s daughters intended to make a claim against their late father’s estate, Matthew acted quickly, lodging a caveat against title to the Auckland property.
A caveat prevents any further dealings with the title.
Widow Erin challenged registration of the caveat.
In the High Court, Associate Judge Lester ruled the caveat remain, pending a hearing into circumstances in which ownership of the Auckland property was converted from a tenancy in common to a joint tenancy.
There was medical evidence of Mark feeling weak, dizzy and generally exhausted in the days prior to his death. There was also evidence of Erin as the one engaging with lawyers to achieve a change in ownership.
Erin claims terms of their 2017 relationship property agreement give her rights of full ownership on Mark’s death.
Dolan v. Dolan – High Court (15.07.25)
25.159