The Family Protection Act 1955 states the deceased might have a moral duty to provide for (“maintain”) certain close family members.
You can only make a claim under the Act if you are, or are claiming on behalf of:
To make a claim under the Act, you must show that:
The court will consider, amongst other things:
If the court decides that the current distribution of the estate would be a breach of moral duty, it can restribute the estate to remedy that breach.
The court is generally reluctant to override the will or the laws of intestacy. The court will only make the minimum changes necessary to remedy the breach.
You must file a claim in court within 12 months of the grant of administration. The court can sometimes extend this time, but not if the estate has already been distributed.
To start proceedings under the Family Protection Act, you will need to file the following court documents:
It’s recommended that you get a lawyer to help make and present your claim.
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A death in the family
Your local Community Law Centre can provide you with free initial legal advice.
Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres
Confirmation of the cause of death – Coroners
The website of Coronial Services of New Zealand has information about the role of coroners in investigating the causes of deaths.
Registering a death
The Births, Deaths and Marriages section of the Department of Internal Affairs has information on what to do when someone passes, including registering a death.
Burial and cremation
See your local council website for information about burial and cremation in your area.
Gathering kaimoana for tangihanga
The Ministry for Primary Industries has information on its website about Māori customary rights for gathering kaimoana for tangihanga, hui and other traditional purposes.
Financial support for bereaved families
Work and Income’s website has information about possible financial support for funerals and tangihanga.
ACC’s website has information about different types of accident compensation and payments that can be made to family members when a person has died in an accident.
Organ Donation New Zealand
Organ Donation New Zealand has information about organ and tissue donation.
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