Lynette Mary Williams’ children challenged her final will signed eight years prior to her death in 2024 leaving all to charities, nothing to her five surviving children with an explanatory note stating they had barely any contact with her for an extended period other than to ask for money and had offered no help during the 2011 Christchurch earthquake, despite all living in Christchurch themselves.
Her children provided a different picture in the Family Court.
They described a childhood in which their mother was physical and psychologically abusive, requiring them to be taken into care for extended periods. Her use of alcohol and drugs meant there was no stability or security for them at home, they said.
They disputed her statement that they provided no support to her following the Christchurch earthquake.
In the Family Court, Judge Hambleton ruled seventy-five per cent of Ms Williams $605,500 estate is to be divided equally between her five children, the balance to her four nominated charities; terms of her will rearranged using powers in the Family Protection Act.
This Act enforces parents’ moral obligation to ensure they provide adequately in their will for family members in need.
Evidence was given that only one of her surviving children is in employment, the other four are on government benefits. None own their own home. Each are in poor health.
Even if Ms Williams was not as poor a parent as portrayed by her children’s evidence, a wise and just person knowing circumstances of her children would have made some provision in her will for their financial support, Judge Hambleton said.
The court was told Ms Williams was specifically warned at time she signed her will that her dis-inherited children had the right to later challenge its terms under the Family Protection Act.
re Estate of Lynette Mary Williams – Family Court (19.06.26)
26.188