disposing of prop on death - claims against the deceased estate

Question 1

there are three diffenrt types of statutory claims that can override testmentary provisions

Answer 1

1. property realtionships act
2. testmentray promises act
3. family protection act

Question 2

there are three diffenrt types of statutory claims that can override testmentary provisions

**property realtionships act **

Answer 2

the pra applies to all married, civil union and defacto couples (3+ years)
- on separation or death
- wheere they have no been contarcted out of the PRA

Question 3

de facto relationships for less than 3 years in the PRA….

Answer 3

are only subject to court order under the PRA if failure to make the order would result in serious injustice and
- there has been a substantial contrubution to the family relationship
- the couple share a child

Question 4

s8 PRA

Answer 4

relationship property is subject to the act and thsi includes the family home, fmaily cahttels and assets acquired by each party during the relationship other than by gift succession or trust

Question 5

s

s9 pra

Answer 5

separate property is not subject to the act this includes pre relationship proprty, gifts, inheiritances or ditribitions from trusts or third parties and maori freehold land

Question 6

s61 pra

Answer 6

When a spouse survives their partner, they have two options to retrieve property:

1. Claim under the PRA:
   They can claim a division of relationship property under section 11 for an equal division. However, under section 76, they will lose any residual inheritance under the will or intestacy.
2. Waive claims under the PRA:
   They can give up any claims under the PRA and rely on the will or intestacy rules (the default option under section 68). The spouse has six months to decide on this option.

Question 7

PRA

relationship proeprty - if a couple purcahses a high value asset togther it may be more benefoicial

Answer 7

for them to reviece half of this value rather than rely on the will or intesancy promises

Question 8

s76 PRA

Answer 8

A claim under the PRA revokes any rights to intestacy or will gifts, unless the will specifically states that the spouse can benefit from both pathways.

Question 9

s77 pra

Answer 9

court may use judical disrection upon election of option A to allow inhertitance under the will or intestancy to avoid injustice

Question 10

s78 pra

Answer 10

surviving spouse or partner has priority over any beneficial interest conferred by the deseaced persons will or intesacy and any order under the FPA or TPA

Question 11

there are three diffenrt types of statutory claims that can override testmentary provisions

testamentray promises act

Answer 11

A person can claim an estate if the deceased promised to reward them for services rendered while they were alive. The claim must satisfy section 3 of the TPA. If it does, the court can award a reasonable payment, considering the following factors:

• The circumstances of the promise
• The moral claims of the claimant
• The value of the services to the deceased
• The value of the promised reward
• The size of the estate

Question 12

s3 of teh TPA

Answer 12

1. work and services must b provided for dead person
2. promise by the dead person to make testamentary provison (express or implied) before, during or after the services provided
3. casual nexus(connection) betweem the promse and services (rewrad for services)
4. promise was not fulfiled by the deceased, lack of testimtary promise

Question 13

s2 tpa

s2 tpa

Answer 13

promise = statement or representation of fact or intention

Question 14

re

re welch

Answer 14

services to a family member must go beyond normal expectations within family context, in this case the son struggled to show work or servioces beyond that expected between father and son, small quantum of 20,000 awarded

Question 15

there are three diffenrt types of statutory claims that can override testmentary provisions
family protection act

Answer 15

This act helps when testators fail to provide adequately for their family, highlighting their moral responsibility. Under section 4, the court can award funds from the estate for the maintenance and support of eligible applicants.

Question 16

persons entitled to claim under s3 of the FPA

Answer 16

1. Spouse or civil union partner
2. De facto partner (3+ years, not separated)
3. Children
4. Grandchildren living at the time of death
5. Stepchildren (if maintained wholly or partly by the deceased at death)
6. Parents (if maintained by the deceased at death or if the deceased had no surviving partner or children)

Question 17

FOR FPA

williams v aucutt

Answer 17

Maintenance and support go beyond just providing economic means for each child. It also includes moral and ethical considerations, such as recognizing the child’s role in the deceased’s life.

Question 18

JULAIN V INIA

Answer 18

If an estate is left to only two out of three children, it may breach the Family Protection Act (FPA). While tikanga does not strictly require equal distribution, mokopuna (grandchildren) are typically expected to be provided for more by their parents than their grandparents.

An appropriate remedy would be to restore the whakapapa connection to Māori land by providing for all children, with one child receiving more. This approach is consistent with tikanga, allowing the whānau to reach a consensus on the final order.