Family And Succession Law In New Zealand

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Family and Succession Law in New Zealand

Author : W.R. (Bill) Atkin
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403525908
Total Pages : 269 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 269 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 Law Policy in New Zealand

Author : M & ATKIN HENAGHAN (B.)
Publisher :
ISBN 13 : 9780947514969
Total Pages : pages
Book Rating : 4.5/5 (149 download)

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Book Synopsis Family Law Policy in New Zealand by : M & ATKIN HENAGHAN (B.)

Download or read book Family Law Policy in New Zealand written by M & ATKIN HENAGHAN (B.) and published by . This book was released on 2019-11 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Family Law Policy in New Zealand considers family law as a whole, from the definitions of 'family', through to context, goals, aspirations and judicial outcomes. Since the 4th edition was published in 2013, family law has undergone significant legislative change. Included in this edition is commentary on the changes recommended by the independent panel on family justice and the Law Commission on relationship property reform. As well as discussion of the Family Violence Act 2018, Child Poverty Reduction Act 2018 and amendments to the Oranga Tamariki Act 1989. The leading family law commentators in New Zealand have again provided insightful and authoritative essays, suitable for use in policy, study and practice.

Comparative Succession Law

Author : Kenneth G C Reid
Publisher : Oxford University Press
ISBN 13 : 0192590723
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.

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.

CONFLICT OF LAWS IN NEW ZEALAND

Author : JACK & HOOK WASS (MARIA.)
Publisher :
ISBN 13 : 9780947514112
Total Pages : pages
Book Rating : 4.5/5 (141 download)

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Book Synopsis CONFLICT OF LAWS IN NEW ZEALAND by : JACK & HOOK WASS (MARIA.)

Download or read book CONFLICT OF LAWS IN NEW ZEALAND written by JACK & HOOK WASS (MARIA.) and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Law of Family Protection and Testamentary Promises

Author : Bill Paterson
Publisher :
ISBN 13 : 9781988546506
Total Pages : pages
Book Rating : 4.5/5 (465 download)

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Book Synopsis Law of Family Protection and Testamentary Promises by : Bill Paterson

Download or read book Law of Family Protection and Testamentary Promises written by Bill Paterson and published by . This book was released on 2021-03-29 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Relationship Property in New Zealand

Author : Bill Atkin
Publisher :
ISBN 13 : 9781877511059
Total Pages : 298 pages
Book Rating : 4.5/5 (11 download)

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Book Synopsis Relationship Property in New Zealand by : Bill Atkin

Download or read book Relationship Property in New Zealand written by Bill Atkin and published by . This book was released on 2009-11 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition of Relationship Property in New Zealand analyses the impact of the highly significant 2001 law reform package in the light of hundereds of cases, including the Court of Appeal decisions in X v X and Nation v Nation. In critiquing how well the changes are operating, the book porvides a unique tool for Judges, lawyers, policy-makers and students alike. Every key change, including the new economic provisions and the new provisions relating to trusts and de facto relationships, is examined and assessed against its policy intent.

Garrow and Fenton's Law of Personal Property in New Zealand

Author : Roger Tennant Fenton
Publisher :
ISBN 13 : 9781877511493
Total Pages : 946 pages
Book Rating : 4.5/5 (114 download)

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Book Synopsis Garrow and Fenton's Law of Personal Property in New Zealand by : Roger Tennant Fenton

Download or read book Garrow and Fenton's Law of Personal Property in New Zealand written by Roger Tennant Fenton and published by . This book was released on 2010 with total page 946 pages. Available in PDF, EPUB and Kindle. Book excerpt: The two-volume 7th edition of the highly regarded GARROW AND FENTON'S LAW OF PERSONAL PROPERTY IN NEW ZEALAND provides in-depth coverage of personal property securities as well as all other types of personal property. The 7th edition enlarges the role of previous editions, examining recent developments in a wholly modern context. The only comprehensive and completely up-to-date treatment of the topic of personal property in New Zealand. The two-volume work comprises over 2000 pages of commentary, allowing for in-depth treatment of the relevant topics. Continuation of a well-known and long-established book in the New Zealand market. A must-have title for anyone practising in a commercial or general practice. Written by Dr Roger Fenton, a highly regarded expert in this area of law. Volume 1 covers all types of personal property and includes detailed commentary on ownership of goods or tangible things, fixtures, gifts, bailment, liens, ships (including maritime liens), choses in action, and special forms of choses in action and incorporeal property. It also includes an overview of personal property securities.

Research Handbook on Family Property and the Law

Author : Margaret Briggs
Publisher : Edward Elgar Publishing
ISBN 13 : 1802204687
Total Pages : 533 pages
Book Rating : 4.8/5 (22 download)

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Book Synopsis Research Handbook on Family Property and the Law by : Margaret Briggs

Download or read book Research Handbook on Family Property and the Law written by Margaret Briggs and published by Edward Elgar Publishing. This book was released on 2024-06-05 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: This pivotal Research Handbook analyses the interconnectedness of family property and the law through historical, contemporary, comparative and jurisdiction-specific lenses. Authors analyse some of the most well-known, contested and politicised legal developments in the field of family property law.

Families and Estates

Author : International Academy of Estate and Trust Law. Annual Conference
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123784
Total Pages : 310 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Families and Estates by : International Academy of Estate and Trust Law. Annual Conference

Download or read book Families and Estates written by International Academy of Estate and Trust Law. Annual Conference and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses upon two themes: the definition of 'family' and the impact of the expansion of the concept of 'family' in law: and family fights over wills and estates - what recourse family members may have in challenging an estate. The first part, `The challenge of the "new family" for Law', considers the challenge both in the inter vivos and the postmortem contexts in the United States, Canada, France, the United Kingdom, Australia and New Zealand. A particular focus is upon the dramatic expansion of the definition of family from the traditional nuclear family consisting of a husband, wife and their mutual children to a definition that includes unmarried heterosexual and same sex couples living together and, in some jurisdictions to new kinds of companionate partnerships that are not based on a sexual relationship. In some jurisdictions such developments are simply an expression of sharing responsibility by allocating it in the private domain, as opposed to the public potentially through social welfare; in others, particularly in the United States, it is a defence of fundamental institutions and, with it, a defence of society itself. The second part, 'Family fights over wills and estates', examines the law in Australia, Switzerland, France, Mexico, and the United Kingdom. Its comparison of civil and common law approaches shows how the law expresses the same principle objects - protection of family and obligations towards key family members - but does so from entirely different perspectives; and where the common law which enshrined the notion of testamentary freedom is being qualified through the expanding domain of family provision legislation, the civil law which is based on codified shares and allocated responsibilities expressed through proportionate entitlements in estates, is being qualified through a range of disqualifying and varying mechanisms.

Intellectual Property in New Zealand

Author : Susy Frankel
Publisher :
ISBN 13 : 9780408718356
Total Pages : 900 pages
Book Rating : 4.7/5 (183 download)

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Book Synopsis Intellectual Property in New Zealand by : Susy Frankel

Download or read book Intellectual Property in New Zealand written by Susy Frankel and published by . This book was released on 2011 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt: INTELLECTUAL PROPERTY IN NEW ZEALAND offers the most up-to-date and comprehensive information and analysis of this dynamic field. It provides commercially focused material for practitioners, in a style accessible to undergraduate students. Intellectual property law is an integral part of almost all commercial endeavours, including the creative industries, inventions, and the rapidly changing world of information technology.

Youth Justice in Aotearoa New Zealand

Author : Alison Cleland
Publisher :
ISBN 13 : 9781927183786
Total Pages : 283 pages
Book Rating : 4.1/5 (837 download)

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Book Synopsis Youth Justice in Aotearoa New Zealand by : Alison Cleland

Download or read book Youth Justice in Aotearoa New Zealand written by Alison Cleland and published by . This book was released on 2014-05 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Claiming a Promised Inheritance

Author : Alexandra Braun
Publisher : Oxford University Press
ISBN 13 : 0191074500
Total Pages : 417 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Claiming a Promised Inheritance by : Alexandra Braun

Download or read book Claiming a Promised Inheritance written by Alexandra Braun and published by Oxford University Press. This book was released on 2022-08-11 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Claiming a Promised Inheritance examines those cases where a person is promised a future inheritance and, having acted on it, later discovers that the promise is unfulfilled. The book structures its analysis and argument around the stories of disappointed promisees and their unfulfilled expectations of a future inheritance, and how they might seek redress. It maps and compares the various, and often very diverse range of legal responses that a promisee can avail herself of across different legal areas of the law (ranging from contract law to property law, employment law, unjust and unjustified enrichment law, and succession law) and in both common and civil law traditions. Braun asks how these responses protect the interests of promisees and whether they are sensitive to the context in which such promises are expressed. In doing so, the focus rests on the level of protection the various forms of redress grant, their scope, and the challenges promisees face when brining a claim, but also on the values and interests that are at stake when granting relief. This book argues that due to the social and legal context within which promises of a future inheritance are normally made, promisees are usually in a vulnerable position that can easily by exploited. It further argues that the law is usually more acutely attuned to the risks that the promisor incurs and that greater attention should be paid to the challenges promisees face. Claiming a Promised Inheritance thus complements the traditional viewpoint by bringing into focus the (too often ignored) perspective of promisees.

Landmark Cases in Succession Law

Author : Brian Sloan
Publisher : Bloomsbury Publishing
ISBN 13 : 1509919023
Total Pages : 425 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Landmark Cases in Succession Law by : Brian Sloan

Download or read book Landmark Cases in Succession Law written by Brian Sloan and published by Bloomsbury Publishing. This book was released on 2019-10-31 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Landmark Cases series highlights the historical antecedents of what are widely considered to be the leading cases in a discipline, and seeks to provide contexts in which to better understand how and why certain cases came to be regarded as the 'landmark' cases in any given field. Succession law's long pedigree, near-universal application, immense capacity for human interest stories, somewhat uncertain future in England and Wales, and close connection to demographics make it an ideal candidate for a Landmark Cases volume. The distinguished contributors to this collection consider cases ranging from 1720 to 2017, covering issues such as will-making and interpretation, the position of beneficiaries and personal representatives, testamentary promises, and the extent of testamentary freedom in England and Wales and beyond. The cases are relevant not only to scholars and students of succession law per se, but also those working in fields such as tax, trusts, tort and land law. They raise issues as diverse as class, colonialism, familial dynamics, expectations and obligations, mental health, and the proper roles of the legal profession and the welfare state. The collection will provoke much discussion on what makes a 'landmark' case, as well as on the peculiarities and limitations of the case law method.

Informal Carers and Private Law

Author : Brian Sloan
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250468
Total Pages : 290 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Informal Carers and Private Law by : Brian Sloan

Download or read book Informal Carers and Private Law written by Brian Sloan and published by Bloomsbury Publishing. This book was released on 2012-12-07 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014

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

Passing Wealth on Death

Author : Alexandra Braun
Publisher : Bloomsbury Publishing
ISBN 13 : 1509907351
Total Pages : 403 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Passing Wealth on Death by : Alexandra Braun

Download or read book Passing Wealth on Death written by Alexandra Braun and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes from a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.