Sisters who claimed father sexually abused them reject his will

In a High Court decision, released on October 4, the application to validate the will was granted. Photo / file

Sisters who claimed their father sexually, physically and emotionally abused them when they were young have rejected his intended will, which left them his entire estate.

The father left a hand-written note in his bedroom drawer which was discovered after he died in his 40s after an accident.

In an envelope, the note- signed by the father- said he left all his assets and belongings to his daughters, who were adults when he died.

His assets included his family home and a neighbouring section, bank accounts and a life insurance policy.

The gross value of the man's estate was understood to be about $868,000.

The sisters had no contact with their dad for more than a decade. The women said their father subjected them to physical, emotional and sexual abuse from an early age until their contact with him ended.

An investigation was undertaken by police but no charges were laid.

The man's sister and his de-facto partner both said his wishes were clear - he wanted his estate to be divided between his daughters.

The man's sister said her last conversation with her brother about his estate was about five years ago.

The man's sister provided one of her nieces with a copy of the hand-written note and informed her that she would be applying to validate it as a will.

The woman said her brother's wishes were that the entirety of his estate should be distributed to his children and she wished to honour those wishes.

She wanted it to be on the public record that the man's daughters received his estate because of his testamentary wishes and not by operation of the law of intestacy.

One of the daughters did not consent to that application and advised of her intention to oppose validating the note as a will.

In a High Court decision, released this month, the man's sister's application to validate the will was granted.

"I appreciate this application has required [the daughters] to deal with memories and people they may prefer to have nothing to do with," the judge said.

"I am concerned, however, that they have not fully appreciated the consequences of their opposition to [their father's] application."

The judge said they have caused unnecessary cost and delay in what should have been a straightforward application to enable the man's sister to settle his affairs after his death.

"They have also acted contrary to their own interests in seeking an outcome that could be much less financially beneficial to them than the order sought by [the woman]."

Sexual harm - Where to get help
If it's an emergency and you feel that you or someone else is at risk, call 111.
If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email support@safetotalk.nz
• For more info or to web chat visit safetotalk.nz
Alternatively contact your local police station - click here for a list.
If you have been sexually assaulted, remember it's not your fault.