Death And Relationship Property
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Relationship Property On Death
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Author : Jacinta Ruru
language : en
Publisher:
Release Date : 2004
Relationship Property On Death written by Jacinta Ruru and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Inheritance and succession categories.
The Property (Relationships) Act 1976 radically reformed the property rights of married and de facto couples whose relationships end on the death of one of the parties. The new rules were frequently portrayed as a mere extension of the provisions applicable on separation. However, RELATIONSHIP PROPERTY ON DEATH explains how differently the Act operates on death. RELATIONSHIP PROPERTY ON DEATH provides a coherent theory of the distinction between relationship property rules and succession rules as the basis for analysis and application of the new legislation.This book critically analyses the death provisions in detail, the options for surviving spouses and partners, the consequences of those options, and the various ways in which these consequences can be circumvented through asset and estate planning. It considers the rights of third parties, such as children of the relationship creditors, and others who may have a claim against the deceased spouse or partner. A team of seven expert authors, led by Nicola Peart, Margaret Briggs, and Mark Henaghan from the University of Otago, have put together this authoritative and highly accessible work. Lawyers, businesses, financial advisers, and academics who specialise in family and succession law will find this book essential reading for their work. Awarded the JF Northey Memorial Prize for Best New Zealand Legal Book published in 2004, this is a masterful analysis of a difficult subject.
Death And Relationship Property
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Author : Nicola Peart
language : en
Publisher:
Release Date : 2019
Death And Relationship Property written by Nicola Peart and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
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.
Relationship Property And Death
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Author : Bill Patterson
language : en
Publisher:
Release Date : 2019
Relationship Property And Death written by Bill Patterson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
This article considers the New Zealand High Court decision of Re Russell: Public Trust v Whyman, which was concerned with the death provisions of the Property (Relationships) Act 1976 (PRA). The author analyses the decision in detail, and concludes that it reveals a disturbing level confusion about the death provisions of the PRA and sets a dangerous precedent for the future.
Relationship Property Issues For The Elderly
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Author : Margaret Briggs
language : en
Publisher:
Release Date : 2018
Relationship Property Issues For The Elderly written by Margaret Briggs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with categories.
This chapter explains when and how the Property (Relationships) Act 1976 (PRA) applies to couples when their marriage, civil union or de facto relationship ends in separation or death. The author outlines the key features of the PRA highlighting, where relevant, matters of importance to the elderly.
Family Finances On Death Of A Spouse Or Partner
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Author : Nicola Peart
language : en
Publisher:
Release Date : 2019
Family Finances On Death Of A Spouse Or Partner written by Nicola Peart and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
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 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.
Research Handbook On Family Property And The Law
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Author : Margaret Briggs
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-06-05
Research Handbook On Family Property And The Law written by Margaret Briggs and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-05 with Law categories.
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.
Trust Issues For Separating Elderly Spouses Of Partners
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Author : Nicola Peart
language : en
Publisher:
Release Date : 2019
Trust Issues For Separating Elderly Spouses Of Partners written by Nicola Peart and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
This paper addresses how the Property (Relationships) Act 1976 (PRA) may affect elderly people, particularly where the parties have assets from a prior relationship. The author considers what happens to their property if their relationship ends on separation or death. The author also makes brief reference to trusts holding assets that, but for the trust, would have been relationship property and subject to division under the PRA.
Dead Wrong
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Author : Stacey Kennedy
language : en
Publisher:
Release Date : 2014
Dead Wrong written by Stacey Kennedy and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
Relationship Dissolution
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Author : W. R. Atkin
language : en
Publisher:
Release Date : 2014-03
Relationship Dissolution written by W. R. Atkin and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03 with Divorce categories.
"This book contains commentary on the law relating to dissolution, division of property, economic disparity, debts, changes after separation, division of property on death of one partner, maintenance, child support, international aspects of property, child support and spousal maintenance and proceedings under the Property (Relationships) Act 1976"--Publisher information.
Passing Wealth On Death
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Author : Alexandra Braun
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-07-28
Passing Wealth On Death written by Alexandra Braun and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-07-28 with Law categories.
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.