This paper deals with the New Zealand developments in family property law during this century. When New Zealand was colonized in 1840 it inherited English common law, and with it the concept of private property. Towards the end of the last century private property rights were virtually absolute,...

This paper addresses the lack of equality in relationship property appeals in the New Zealand Court of Appeal. The authors consider the historical development of legislative and common law relationship property appeals in New Zealand and find that a consistent theme in both marital and...

This article considers the limits on testamentary freedom in New Zealand, with a particular focus upon the Court’s treatment of adult children’s claims for family provision under the Family Protection Act 1955 and compares that to the institution of forced heirship in civil law...

The rules of intestate succession in Australia and New Zealand have their origins in English law as a result of colonization. This article considers the historical development of intestate succession in Australia and New Zealand. The authors discuss the major differences between the colonization...

This article is an examination of the interaction between trusts and relationship property in New Zealand looking at key legislative provisions, sham and alter ego arguments, bundles of rights and the possible effects of the ongoing review of the law of trusts by the New Zealand Law Commission

Succession law in New Zealand has been widely criticised for many years as being incoherent and unprincipled both in regard to its approach to property entitlements for spouses and unmarried partners and in its liberal approach to support claims under the Family Protection Act 1955. Although...

Australia and New Zealand have some similarities in their succession law, including high rates of testation. Yet will-substitutes are used widely in both countries. These include joint tenancies, trusts and life insurance. The joint tenancy is an extremely important will substitute as it...