Law of Family Protection and Testamentary Promises, 5th edition
Your go-to text on New Zealand’s laws relating to wills and inheritance
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Disputes over wills and inheritance are common in New Zealand, and claims continue to be brought under the Family Protection Act 1995 and the Law Reform (Testamentary Promises) Act 1949. Section 88(2) of the Property (Relationships) Act 1976 has increasingly been used to bring a half share of assets passing by survivorship to a surviving spouse or partner back into the deceased estate so that a claim against those assets may be made.
This edition of Law of Family Protection and Testamentary Promises updates and extends this comprehensive text. New matters discussed include a trend for courts to be asked to increase awards in claims brought as “support” or “recognition” claims based on “additional factors”, problems arising where there are blended families and one family group is or is perceived to be preferred over the other, a review of the approach of courts to making percentage awards in cases and a discussion on conflict of interest where administrator beneficiaries are involved. The changing attitude of the courts to the award of costs as well as some new procedural issues are noted, as is the emerging willingness of courts to permit interim distributions to beneficiaries so they can fund their legal costs.
• Kelly & Kelly Garrow and Kelly Law of Trusts and Trustees, 8th edition, 2021
• Parsons Nevill’s Will Drafting Handbook, 8th edition, 2021
• Breach Nevill’s Law of Trusts, Wills and Administration, 13th edition, 2018
• Atkin Relationship Property in New Zealand, 3rd edition, 2018
• Wills and Succession (online resource)
Table of contents
Chapter 1: Introduction – historical background and legislative developments
Chapter 2: The concept of moral duty
Chapter 3: Date at which alleged breach of moral duty is to be established – effect to be given to subsequent changes in circumstances
Chapter 4: Recurring matters of relevance
Chapter 5: Factors preventing the right to relief
Chapter 6: Compromises and contracting out
Chapter 7: Powers and duties of administrators
Chapter 8: Claims by widows and widowers and by de facto partners
Chapter 9: Claims by children
Chapter 10: Claims by grandchildren
Chapter 11: Claims by stepchildren and parents
Chapter 12: Illegitimate and adoptive relationships and foster children
Chapter 13: The Law Reform (Testamentary Promises) Act 1949
Chapter 14: Claims under the Property (Relationships) Act 1976
Chapter 15: Jurisdiction; who may apply; effect of death of applicant
Chapter 16: Extensions of time for commencing proceedings – ‘following orders’ in effect of distributed assets
Chapter 17: Running the case – procedures from commencement to conclusion
Appendix 1: Family Protection Act 1955
Appendix 2: Status of Children Act 1969
Appendix 3: Administration Act 1969 (ss 45-51)
Appendix 4: Property (Relationships) Act 176 (ss 55-95)
Appendix 5: Law Reform (Testamentary Promises) Act 1949
Appendix 6: Re Franich
Approx 500 pages