Ian Blair-Bellamy could not be held to promised payouts for his three step-children after their mother’s death because a supposed deed of family of family arrangement was not enforceable, lacking necessary consent from their half-brother, still an infant at time the deed was signed.
Since their mother died without leaving a will, her children instead receive shares calculated according to a statutory formula set out in the Administration Act; likely to be a far lesser sum on figures quoted in the High Court than that promised by their step-father in the proposed deed of family arrangement.
Jennifer Blair-Bellamy died in 2019.
She is survived by four children; three from an earlier relationship and infant Charlie, son of her now-widowed spouse Ian.
The couple farmed on a lifestyle block at Matarau Road, near Whangarei.
It was nearly three years after his wife’s death before Ian applied for letters of administration, giving him legal authority to deal with his late wife’s assets.
In the interim, agreement had been reached within the family for a division of her assets roughly equating to Administration Act rules: personal chattels and one-third of the estate going to Ian as surviving spouse; the remaining two-thirds to be divided equally between her four surviving children.
Asset values were estimated, with provision for revaluations at a later date after Ian obtained letters of administration.
Ian agreed to pay the surviving children by instalments with interest, plus penalty interest for late payment.
The High Court was told Matarau Road had to be sold to fund these payments, selling in 2025 at a figure far lower than previously estimated. Net proceeds were zero, after sale costs and repayment of a bank mortgage.
Ian’s step-children sued to enforce the earlier agreed payment amounts and payment schedule.
In the High Court, Associate Judge Brittain ruled this earlier agreement was not enforceable.
The deed of family arrangement only became operative after all parties signed.
Charlie as an infant did not sign. As a minor, he did not have the legal ability to enter into a contract.
His father signed in his name, supposedly on his behalf. This signature was of no legal effect. Court approval is needed on any infant’s behalf for any contract altering statutory rights under the Administration Act.
Judge Brittain dismissed the step-children’s attempt to enforce the earlier agreement, in which each claimed to be owed $333,200.
Casey v. Blair-Bellamy – High Court (6.07.26)
26.200