Death and Relationship Property: Public Trust v Whyman

Abstract

This article discusses the death provisions in the New Zealand Property (Relationships) Act 1976 (PRA) and their application in the New Zealand Court of Appeal decision in Public Trust v Whyman. The author argues that the decision reveals the general uncertainty as to the overall purpose and scheme of the death provisions, which suggests the provisions are poorly drafted and in need of amendment. The article concludes that, whatever the outcome of Whyman, legal problems will remain unless there is clarification of the law.