×

Registrant Details

Use this window to add all the registrants you wish to register on behalf of. If you want to attend the course also, ensure you add yourself as one of the registrants. Make sure you press "Save" after adding each new registrant.

Registrant 1
First name
Last Name
Email Address
Username ( if known )
NZLS Member or Associate Member?
1x Registrant
Proceed to Checkout

This book is only available in PDF format

Published: 9 September, 2011
Pages: 39

In the mid nineteen nineties the New Zealand Law Commission embarked on a review of succession law. After consultation, it formed the view that New Zealanders valued testamentary freedom, but that there were several undesirable obstacles and constraints interfering with the exercise of that freedom. To overcome those obstacles, the Law Commission proposed changes to the law governing claims against deceased estates as well as the adoption of a new Wills Act. The Law Commission’s overall aim was to propose legislation that gave better effect to testamentary wishes subject to limitations that broadly reflected inter vivos obligations.

The Commission issued Report 41 Succession Law – A Succession (Wills) Act in 1997. The draft Act included in that report formed the basis of the Wills Act that was eventually adopted in 2007. However, the Act departs in significant respects from the Law Commission proposal. Some of the changes have had unexpected consequences, which have had the effect of defeating testamentary intentions rather than upholding them. Fortunately, there is currently a Bill before Parliament that will remedy several of these problems if it is implemented in its current form.[1]

This paper will focus on testamentary formalities, the validation power, construction and rectification of wills under the Wills Act 2007. As a result of the Canterbury earthquake the issue of lost wills is a matter of current concern. This paper will consider the process for dealing with lost wills and the extent to which the Wills Act may assist in obtaining probate of lost wills.

[1]     Statutes Amendment Bill (No 2), Part 20 proposes amendments to the Wills Act 2007.

Greg Kelly Prof Nicola Peart
Greg Kelly
Greg Kelly Law
Wellington		 Professor Nicola Peart
Otago University
Dunedin

Questions?

In order to assist us in reducing spam, please type the characters you see:

You might also be interested in ...

Trusts Conference 2011

Publication Date: 09-06-2011
Author(s): Kerry Ayers, Vanessa Bruton, Richard Burcher, Bruce Corkill KC, Sir Grant Hammond, Chris Kelly, Greg Kelly, Jeff Kenny, Dr Bede McIvor, Ian Millard KC, Tony Molloy KC, Juliet Moses, Jared Ormsby, Jessica Palmer, Bill Patterson, Professor Nicola Peart, Mary Joy Simpson, Ingrid Taylor, Stephen Tomlinson
NZ $95.00
BUY FOR OTHERS