Widow and daughter back in court over share dispute

A daughter who was denied shares from the family business after her father’s death turned to the High Court again after failing to reach an agreement with his widow.

In August, Cindy Chambers and Lynette Chambers met in the High Court at Nelson in a dispute over shares that Cindy believed she was entitled to.

For more than two decades, Cindy had worked for her father, Denis Chambers, in the Nelson-based family construction business. Her wages had been low, with the expectation she would be left company shares after his death. According to the court ruling, this arrangement had been discussed between the two.

However, Denis’ will did not reflect the promise he had made while he was still alive. Instead, Cindy was left a half-share of Denis’ estate. The company shares were left to Lynette, Denis’ second wife.

According to the High Court ruling, Lynette argued that her husband had been “comfortable” with the will when he died, and had adequately provided for his daughter with the share of a house, and a 10% share in the company, gifted several years earlier.

Ruling in Cindy’s favour, Justice Helen McQueen said it was her view that Denis had intended for his only child to receive his shares. However, the judge also ruled that Cindy was required to provide Lynette with an income, a 10% share of the annual profits from the family business.

Lynette and Cindy were unable to agree on how the income should be calculated. Without this agreement, the shares owed to Cindy were unable to be transferred.

To settle the dispute, Cindy turned to the High Court for a second time. That hearing, in December, was also before Justice McQueen.

Justice McQueen ruled that Cindy should pay $45,000 annually.