A practical refresher, current trends, potential reform

Part 8 of the Property (Relationships) Act (‘the Act’) became law on the 1st of February 2002, under the Property (Relationships) Amendment Act 2001, which substantially amended and repealed the Matrimonial Property Act 1976. In the period since it became operative, the Act and more particularly Part 8, has been the subject of four substantive reviews by the Law Commission, culminating in the Commission’s review of succession law in its Issues Paper published  in 2021 (‘the Succession Report’).  

The Commission concluded that succession law needs reform, and recommended changes to better reflect the diversity of family relationships in New Zealand.  More than 12 months on, legislation has yet to be introduced to address these issues. 

This On Demand will analyse the death provisions under Part 8 of the Act, the various claims that may be brought by a surviving spouse/partner, practical and legal pitfalls arising by reference to case law, together with a summary of key points from the Succession Report, and likely reforms to come.  

Who should attend?
All relationship property lawyers, estate lawyers and legal executives, and general practitioners. 

Learning Outcomes

• Improve your understanding of Part 8 of the Act
• Gain insights into the timelines and implications of making an election under Part 8 so as to maximise the outcome for your client
• Learn about the various claims that a surviving spouse/partner can bring
• Benefit from receiving tips on the practical and legal pitfalls arising
• Become updated on the key points from the Succession Report and likely reforms to come

Presenter Details

Ross Knight, Barrister, Old South British Chambers

Chair/Commentator: Stuart Cummings, Barrister, Surrey Chambers (Chair)