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dc.contributor.authorPeart, Nicola
dc.contributor.authorBriggs, Margaret
dc.contributor.authorHenaghan, Mark
dc.contributor.editorPalmer, J
dc.contributor.editorPeart, N
dc.contributor.editorHenaghan, M
dc.contributor.editorBriggs, M
dc.identifier.citationPeart, NS, Family finances on death of a spouse or partner, in Palmer, J, Peart, NS, Briggs, M and Henaghan, M, (eds) Law and Policy in Modern Family Finance – Property Division in the 21st Century, Intersentia, Cambridge, 2017, pp 95-123.en_NZ
dc.description.abstractOn 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 rights of a surviving spouse (or partner) in common law jurisdictions. The author compares English and Australian law with New Zealand and concludes that surviving spouses are still in a state of dependency and are vulnerable to the claims and interests of others, particularly in Australia and New Zealand. To reduce their dependency, this paper recommends that spouses should be given their relationship property entitlement on death to acknowledge their respective contributions to the creation of their combined wealth and that this entitlement should not be affected by succession law.en_NZ
dc.publisherIntersentia, Cambridgeen_NZ
dc.relation.ispartofLaw and Policy in Modern Family Finance – Property Division in the 21st Centuryen_NZ
dc.subjectSuccession Lawen_NZ
dc.subjectProperty Lawen_NZ
dc.subjectFamily Lawen_NZ
dc.subjectRelationship Propertyen_NZ
dc.subjectNew Zealanden_NZ
dc.titleFamily Finances on Death of a Spouse or Partneren_NZ
dc.typeChapter in Book
otago.schoolUniversity of Otago Faculty of Lawen_NZ
otago.openaccessAbstract Onlyen_NZ
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