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The war of the wills (NZLawyer online)

posted Sep 17, 2011, 10:34 PM by Greg Anastasi

“However often judges sitting in family protection cases may have staunchly proclaimed that their function is not one of rewriting the will, the plain reality has always been to the contrary. The simple truth is that the sole purpose of the Family Protection Act 1955 (Act) is to empower judges to undertake testamentary rewriting, and this inevitably means, as Justice Herdman once observed of predecessor legislation, that a will can never be regarded as anything more than a tentative disposition of property pending the ultimate decision by the Court”