Post by NZBC on Dec 8, 2007 19:17:31 GMT 12
The severely disabled daughter of a multi-millionaire Dunedin businessman is set to get the care she needs after a High Court judge opened the way for a home to be bought for her.
When Pak Young died three years ago, his will gave half his $3.75 million estate to ensure his mentally handicapped daughter Tanya, now 21, would be cared for properly.
But the way his will was drafted prevented the family from resolving the problems that left her living in inadequate housing.
Young's widow, pharmacist Deborah Young, and chartered accountant Ken Rewcastle applied to the court on behalf of Tanya Young to wind up the deal Pak Leng Young had created for his daughter's care so they could buy the Halfway Bush home in which she lived and substantially upgrade it.
They had originally sought permission from the trustees and executors of Young's estate for the estimated $850,000 needed to buy and upgrade the Wakari Road house, but the trustees' legal advice was that the move exceeded their power, requiring the courts to become involved.
In the High Court in Christchurch, Justice Chisholm was told Tanya Young's younger sister, Greta, 19, supported the application, saying it was her "very firm view that my father would have intended the very best to be made available for Tanya".
He agreed, ruling that he was convinced Pak Young would have approved.
"I am satisfied that if (Young) had contemplated the issue which has now arisen, he would have expected capital to be made available from Tanya's share of the estate to ensure she is properly housed and able to achieve the best available quality of life.
"The estate is large enough to to accommodate the required advances. The further provision I have in mind involves altering the will to enable (the trustees and executors) to make capital advances from Tanya's half-share as and when required for her maintenance and benefit."
The judge adjourned the case for the parties to make an application to alter the will
When Pak Young died three years ago, his will gave half his $3.75 million estate to ensure his mentally handicapped daughter Tanya, now 21, would be cared for properly.
But the way his will was drafted prevented the family from resolving the problems that left her living in inadequate housing.
Young's widow, pharmacist Deborah Young, and chartered accountant Ken Rewcastle applied to the court on behalf of Tanya Young to wind up the deal Pak Leng Young had created for his daughter's care so they could buy the Halfway Bush home in which she lived and substantially upgrade it.
They had originally sought permission from the trustees and executors of Young's estate for the estimated $850,000 needed to buy and upgrade the Wakari Road house, but the trustees' legal advice was that the move exceeded their power, requiring the courts to become involved.
In the High Court in Christchurch, Justice Chisholm was told Tanya Young's younger sister, Greta, 19, supported the application, saying it was her "very firm view that my father would have intended the very best to be made available for Tanya".
He agreed, ruling that he was convinced Pak Young would have approved.
"I am satisfied that if (Young) had contemplated the issue which has now arisen, he would have expected capital to be made available from Tanya's share of the estate to ensure she is properly housed and able to achieve the best available quality of life.
"The estate is large enough to to accommodate the required advances. The further provision I have in mind involves altering the will to enable (the trustees and executors) to make capital advances from Tanya's half-share as and when required for her maintenance and benefit."
The judge adjourned the case for the parties to make an application to alter the will