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Family Finances on Death of a Spouse or Partner
On death there is an inevitable tension in succession law between property and family, between testamentary freedom and the deceased’s duty to provide for family members. This paper considers the relationship property ...
Relationship Property Appeals in the New Zealand Court of Appeal 1958-2008: The Elusiveness of Equality
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 ...
Intestate Succession in Australia and New Zealand
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 ...
Children's Interests in Division of Property on Relationship Breakdown
The breakdown of a marriage, civil union, or de facto relationship inevitably affects children of the relationship. The question this paper addresses is whether the interests of children should be taken into account in the ...
Will-Substitutes in New Zealand and Australia
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. ...