Relationship Property on Death

ISBN: 0 86472 477 2
Product Code: 0661
Price: $84 + GST

The Legal Research Foundation has awarded Relationship Property on Death the prestigious JF Northey award for the best law book published by New Zealand authors in 2004.

The Property (Relationships) Act 1976 radically reforms the property rights of married and de facto couples whose relationships end on the death of one of the parties. The new rules are 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.

A recurring theme is the tension between relationship property law and succession law. Relationship property law accords rights to spouses and de facto partners by virtue of their relationship, commonly overriding legal title. Succession law is concerned with private property rights. This pioneering book 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.

The 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. The book includes chapters on tax and procedure, and concludes with an in-depth review of the implications of the Act for Māori.

Family, estate and property lawyers, business and financial advisers, and legal academics who specialise in family and succession law will find this book essential reading for their work.

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.

Read the Foreword* Relationship Property on Death.

Contents

• Historical analysis
• Property (Relationships) Act 1976
• Classifying property
• Debts and valuation
• Exceptions to equal division of relationship property
• Adjustments to equal division
• Protecting relationship property interests
• Contracting out of the Act
• Multiple relationships on death
• Certainties collide: death and tax
• Procedure
• Other claims against the estate
• Implications for Māori: historical overview and contemporary legislation

The Author Team

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.

How to Order

Complete the online order form or print this order form* which you can send to Brookers by freepost or fax, or telephone Brookers Customer Care team on 0800 10 60 60.

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