$450k payout after will stoush

A woman who was friends with a Southland farmer for more than 30 years has been granted a total of $450,000 from his estate after a legal battle with his son.

Invercargill’s Emily Hill was left a $100,000 legacy by her longtime friend, farmer Neville Morton, who died in 2016 aged 78.

His estate, comprising two mortgage-free farming properties and cash, was valued between $5.7 and $6.4 million.

After a two-day hearing in the High Court at Invercargill in 2019, Hill was awarded a further $350,000.

Hill argued the original sum of money did not reasonably compensate her for the work and services she provided to Morton over the years.

Morton’s once estranged son, Kerry, argued she had been ‘‘amply compensated’’ through her relationship with Morton and felt the $100,000 legacy was appropriate.

A recently-released High Court decision detailed how Morton and Hill had met at a local dance and formed what was described as a ‘‘lifelong friendship’’.

Morton had farmed his property at Titiroa for most of his working life before his death. His health had declined after he was crushed by a cow in 2014, the court heard.

He also had a 40 hectare (98.8 acre) property at Morton Mains which he leased out.

Hill had travelled about 49km to Morton’s Titiroa farm ‘‘nearly every day’’ since 1982, carrying out farming work, buying his groceries, making him some meals and doing his washing.

When Morton was ill, Hill would look after him, caring for the farmer at home and taking him to medical appointments.

Hill and her father, Jim, had originally been left the farms and the residue of Morton’s estate in a 2013 will. However, in Morton’s final will, they were left to his son, Kerry.

Justice Cameron Mander said he was satisfied Hill received little, if any, revenue from the work and services she provided to Morton.

After hearing from the farmer’s neighbours and associates, Mander said it was apparent Morton was ‘‘almost entirely reliant’’ on the companionship and social support of Hill and her family.

Mander noted until Morton’s son Kerry came back into his life shortly before his death, his only family was Hill’s family. ‘‘It is apparent that without Emily and her family Neville would have been a very lonely man.’’

In making his decision to grant Hill $350,000 more, Mander said Morton’s bequest of $100,000 and the ‘‘reciprocal benefits’’ she received over about three decades of friendship did not adequately fulfil ‘‘his testamentary promise’’.

‘‘I am satisfied that her attendance at the farm and the assistance she provided with its routine work, the travel she undertook, which was indicative of her level of commitment, and the loyal companionship that she provided that finally resulted in her running the farm on his behalf, requires greater acknowledgement than was otherwise provided by Neville in his last will.’’

‘‘I am satisfied that her attendance at the farm . . . requires greater acknowledgement than was otherwise provided by Neville in his last will.’’ Justice Cameron Mander