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After Death - claims against estates

NZ $40.00
Greg Kelly Jacinda Rennie
Greg Kelly
Grey Kelly
Jacinda Rennie
McWilliam Rennie

This book is only available in PDF format
Published: 8 August, 2012
Pages: 58



This 58 page booklet addresses the question of what advice you should give claimants and beneficiaries in response to the various claims that can be made against estates. It discusses the roles of legal advisors for the parties, including the estate trustees, and how settlements of disputes should be documented.

Chapter one considers the choices available for division of relationship property after death and the advantages and disadvantages of each of those choices.

Chapter two examines some problem areas of the Family Protection Act 1955, some consequences of the abolition of gift duty, with specific examples of the practical impact that they will have on the advice practitioners give and the steps that will-makers can take to ensure that their wishes are carried out.

Chapter three, dealing with Testamentary Promises, focuses mainly on how recent cases deal with the question of whether the services alleged go beyond what would be expected in the relevant family business, netting off benefits v burdens, where services are rendered by A but the promise is to reward B, evidential issues, and competing claims. Proprietary estoppel as an alternative claim is also discussed.

Chapter four, covering mutual wills, concludes that they should be avoided if at all possible and gives examples and reasons why.

Chapter 5, on Documenting arrangements, discusses some of the common problems that arise when recording terms of settlement, and suggests ways of overcoming them.

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