New Zealands Succession Law

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New Zealand's Succession Law

Author : Nicola Peart
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis New Zealand's Succession Law by : Nicola Peart

Download or read book New Zealand's Succession Law written by Nicola Peart and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 testamentary freedom was said to apply in New Zealand, the reality was rather different. The Wills Act 1837 was also seen as unnecessarily defeating testamentary intentions. Based on research indicating strong support for testamentary freedom and widespread objections to testators' lack of autonomy, the New Zealand Law Commission recommended radically reforming the law to give better effect to testamentary wishes subject to limitations that were coherent, principled and in line with rights and duties during a testator's lifetime. Parliament largely ignored those recommendations. Between 2001 and 2007, it reformed several statutes affecting succession law, but it did so in piecemeal fashion. Succession law was not viewed holistically and fundamental concerns about ill-defined and unprincipled limits on testamentary freedom were not addressed. The reforms were driven by conflicting policies. While the new Wills Act 2007 is intended to give better effect to testamentary wishes, that aim is frustrated by the enhanced property entitlements of surviving spouses and unmarried partners provided by the Property (Relationships) Amendment Act 2001 and Parliament's failure to curb the liberal approach to support claims under the Family Protection Act. As a result, there is now a greater likelihood than before that testamentary wishes will be undermined and reasonable expectations of testators and their beneficiaries subverted.

Family and Succession Law in New Zealand

Author : W.R. (Bill) Atkin
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403525908
Total Pages : 254 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Family and Succession Law in New Zealand by : W.R. (Bill) Atkin

Download or read book Family and Succession Law in New Zealand written by W.R. (Bill) Atkin and published by Kluwer Law International B.V.. This book was released on 2020-08-19 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in New Zealand covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with New Zealand. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Comparative Succession Law

Author : Kenneth Reid
Publisher : OUP Oxford
ISBN 13 : 019106422X
Total Pages : 680 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Comparative Succession Law by : Kenneth Reid

Download or read book Comparative Succession Law written by Kenneth Reid and published by OUP Oxford. This book was released on 2015-08-27 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.

Succession law : testamentary claims

Author : New Zealand Law Commission
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (142 download)

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Book Synopsis Succession law : testamentary claims by : New Zealand Law Commission

Download or read book Succession law : testamentary claims written by New Zealand Law Commission and published by . This book was released on 1996 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preliminary Paper (NZLC PP24) for the Succession project, related specically to testamentary claims.

Succession Law

Author : New Zealand. Law Commission
Publisher :
ISBN 13 : 9781877187117
Total Pages : 98 pages
Book Rating : 4.1/5 (871 download)

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Book Synopsis Succession Law by : New Zealand. Law Commission

Download or read book Succession Law written by New Zealand. Law Commission and published by . This book was released on 1997 with total page 98 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Comparative Succession Law

Author : Kenneth G C Reid
Publisher : OUP Oxford
ISBN 13 : 0191029718
Total Pages : 524 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Comparative Succession Law by : Kenneth G C Reid

Download or read book Comparative Succession Law written by Kenneth G C Reid and published by OUP Oxford. This book was released on 2011-10-06 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: Launching a major new research project examining the principles of succession law in comparative perspective, this book discusses the formalities which the law imposes in order for a person to make a testamentary disposal of property. Among the questions considered are the following. How are wills made? What precisely are the rules - as to the signature of the testator, the use of witnesses, the need for a notary public or lawyer, and so on? Is there is a choice of will-type and, if so, which type is used most often and what are the advantages and disadvantages of each? How common is will-making or do most people die intestate? What happens if formalities are not observed? How can requirements of form be explained and justified? How did the law develop historically, what is the state of the law today, and what are the prospects for the future? The focus is on Europe, and on countries which have been influenced by the European experience. Thus in addition to giving a detailed treatment of the law in Austria, Belgium, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Poland, and Spain, the book explores legal developments in Australia, New Zealand, the United States of America, and in some of the countries of Latin America with a particular emphasis on Brazil. It also includes chapters on two of the mixed jurisdictions - Scotland and South Africa - and on Islamic Law. The book opens with chapters on Roman law and on the early modern law in Europe, thus setting the historical scene as well as anticipating and complementing the accounts of national history which appear in subsequent chapters; and it concludes with an assessment of the overall development of the law in the countries surveyed, and with some wider reflections on the nature and purpose of testamentary formalities.

Succession Law Testamentary Claims

Author :
Publisher :
ISBN 13 :
Total Pages : 257 pages
Book Rating : 4.:/5 (971 download)

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Book Synopsis Succession Law Testamentary Claims by :

Download or read book Succession Law Testamentary Claims written by and published by . This book was released on 1996 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Comparative Succession Law

Author : Kenneth G C Reid
Publisher : Oxford University Press
ISBN 13 : 0192590731
Total Pages : 832 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Comparative Succession Law by : Kenneth G C Reid

Download or read book Comparative Succession Law written by Kenneth G C Reid and published by Oxford University Press. This book was released on 2020-10-09 with total page 832 pages. Available in PDF, EPUB and Kindle. Book excerpt: This third volume in a series on Comparative Succession Law concerns the entitlement of family members to override the provisions of a deceased person's will to obtain money or assets (or more money or assets) from the person's estate. Some countries, notably those in the civil law tradition (such as France or Germany), confer a pre-ordained share of the deceased's estate or of its value on certain members of the deceased's family, and especially on the deceased's children and spouse. Other countries, notably those in the common law tradition (such as England, Canada, or Australia), leave the matter to the discretion of the court, the amount awarded depending primarily on financial need. Whichever form it takes, mandatory family provision is both a protection against disinheritance and also, therefore, a restriction on testamentary freedom. The volume focuses on Europe and on countries influenced by the European experience. In addition to detailed treatment of the law in Austria, England and Wales, France, Germany, Hungary, Italy, the Netherlands, Norway, Poland, Scotland, and Spain, the book also has chapters on Australia and New Zealand, South Africa, the United States, Canada, the countries of Latin America, and the People's Republic of China. Some other countries are covered more briefly, and there is a separate chapter on Islamic law. The book opens with accounts of Roman law and of the law in medieval and early-modern Europe, and it concludes with a comparative assessment of the law as it is today in the countries and legal traditions surveyed in this volume.

New Zealand Report on New Developments in Succession Law

Author : N. S. Peart
Publisher :
ISBN 13 :
Total Pages : 36 pages
Book Rating : 4.:/5 (744 download)

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Book Synopsis New Zealand Report on New Developments in Succession Law by : N. S. Peart

Download or read book New Zealand Report on New Developments in Succession Law written by N. S. Peart and published by . This book was released on 2006 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Succession Law

Author : New Zealand. Law Commission
Publisher :
ISBN 13 : 9781877187070
Total Pages : 180 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Succession Law by : New Zealand. Law Commission

Download or read book Succession Law written by New Zealand. Law Commission and published by . This book was released on 1997 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Family and Succession Law in New Zealand

Author : W.R. (Bill) Atkin
Publisher : Kluwer Law International B.V.
ISBN 13 : 940354614X
Total Pages : 284 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Family and Succession Law in New Zealand by : W.R. (Bill) Atkin

Download or read book Family and Succession Law in New Zealand written by W.R. (Bill) Atkin and published by Kluwer Law International B.V.. This book was released on 2022-09-20 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in New Zealand covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with New Zealand. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Family and Succession Law in New Zealand

Author : Atkin W R (Bill)
Publisher : Kluwer Law International
ISBN 13 : 9789403525853
Total Pages : 184 pages
Book Rating : 4.5/5 (258 download)

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Book Synopsis Family and Succession Law in New Zealand by : Atkin W R (Bill)

Download or read book Family and Succession Law in New Zealand written by Atkin W R (Bill) and published by Kluwer Law International. This book was released on 2020-08-19 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in New Zealand covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with New Zealand. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

Review of Succession Law

Author :
Publisher :
ISBN 13 : 9780995129108
Total Pages : pages
Book Rating : 4.1/5 (291 download)

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Book Synopsis Review of Succession Law by :

Download or read book Review of Succession Law written by and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Succession Law, Wills Reforms

Author :
Publisher :
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4.:/5 (477 download)

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Book Synopsis Succession Law, Wills Reforms by :

Download or read book Succession Law, Wills Reforms written by and published by . This book was released on 1996 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Succession Law

Author : New Zealand. Law Commission
Publisher :
ISBN 13 : 9781877187063
Total Pages : 56 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Succession Law by : New Zealand. Law Commission

Download or read book Succession Law written by New Zealand. Law Commission and published by . This book was released on 1997 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Intestate Succession

Author : Kenneth G. C. Reid
Publisher :
ISBN 13 : 0198747128
Total Pages : 561 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Intestate Succession by : Kenneth G. C. Reid

Download or read book Intestate Succession written by Kenneth G. C. Reid and published by . This book was released on 2015 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intestate Succession is the second volume in the Comparative Succession Law series which examines the principles of succession law from a comparative and historical perspective. This volume discusses the rules which apply where a person dies either without leaving a valid will, or leaving a will which fails to dispose of all of the person's assets. Among the questions considered are the following: What is the nature of the rules for the disposal of the deceased's assets? Are they mechanical or is there an element of discretion? Are particular types of property dealt with in particular ways? Is there entitlement to individual assets (as opposed to money)? Do the rules operate in a parentelic system or a system of some other kind? Are spouses treated more favourably than children? What provision is made for extra-marital children, for adopted children, for step-children? Does cohabitation give rise to entitlement? How are same-sex couples treated? Broader questions also arise of a historical and comparative nature. Where, for example, do the rules in intestate succession come from in particular legal systems? Have they been influenced by the rules in other countries? How are the rules explained and how are they justified? To what extent have they changed over time? What are the long-term trends? And finally, are the rules satisfactory, and is there pressure for their reform? As in the first volume, this book will focus on Europe and on countries which have been influenced by the European experience such as Australia, New Zealand, South Africa, the United States of America, Quebec, and the countries of Latin America. Further chapters are devoted to Islamic Law and Nordic law. Opening with a discussion on Roman law and concluding with an assessment of the overall development of the law in the countries surveyed, this book will provide a wider reflection on the nature and purpose of the law of intestate succession.

The Law of Succession

Author : Miriam Anderson
Publisher : Editorial CSIC - CSIC Press
ISBN 13 : 9789089520876
Total Pages : 366 pages
Book Rating : 4.5/5 (28 download)

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Book Synopsis The Law of Succession by : Miriam Anderson

Download or read book The Law of Succession written by Miriam Anderson and published by Editorial CSIC - CSIC Press. This book was released on 2011 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface Contents Abbreviations i Authors i part i Harmonization of Succession Law in Europe: The Current Debate chapter 1 Need and Opportunity of Convergence in European Succession Laws Walter Pintens chapter 2 Testamentary Freedom or Forced Heirship? Balancing Party Autonomy and the Protection of Family Members Andrea Bonomi part ii New Trends in Catalan Succession Law chapter 3 Between Tradition and Modernisation: A General Overview of the Catalan Succession Law Reform Esther Arroyo Amayuelas - Miriam Anderson chapter 4 Testamentary Freedom and Its Limits Esteve Bosch Capdevila chapter 5 Freedom of Testation, Compulsory Share and Disinheritance Based on Lack of Family Relationship Antoni Vaquer Aloy chapter 6 Freedom of Testation Versus Freedom to Enter Into Succession Agreements and Transaction Costs Susana Navas Navarro part iii National Perspectives on the Law of Succession in the 21st Century chapter 7 Freedom of Testation in England and Wales Roger Kerridge chapter 8 Law of Succession and Testamentary Freedom in Germany A. Röthel chapter 9 The Law of Succession in Hungary Zoltán Csehi chapter 10 Freedom of Testation in Italy Andrea Fusaro chapter 11 Acquisition of Property by Succession in Dutch Law. Tradition between Autonomy and Solidarity in a Changing Society J. Michael Milo chapter 12 The Norwegian Approach to Forced Share, the Surviving Spouse's Position and Irrevocable Wills Peter Hambro chapter 13 Restraints on Freedom of Testation in Scottish Succession Law Eric Clive chapter 14 Freedom of Testation in Slovenia Suzana Kraljić chapter 15 Freedom of Testation, Legal Inheritance Rights and Public Order under Spanish Law Sergio Cámara Lapuente.