Description
Attend and earn 1 CPD hour
* This interactive online recording includes questions and quizzes requiring critical thinking about the topics, so you have no annual limits to the number of points/hours you can claim with this format of learning. Please verify with your CPD rules
Chair
Bridgette White, Barrister, Bankside Chambers
Family Protection Act Trends and Recent Case Law
Will makers nominally have testamentary freedom. Family Protection Act 1955 claims are the main impact on testamentary freedom and will often have to be considered when a will is made.
- Using the Property (Relationships) Act 1976 to bring jointly owned property into the estate to make a FPA claim
- Relationship property claims and the FPA: claims by the surviving spouse/partner
- Using trusts to avoid FPA claims: D and E Limited v A [2022] NZCA 430
- Is there a 10% rule for support/recognition only claims?
- No principle of equality between siblings: Barnard v Robertson [2023] NZCA 230
- Claims by grandchildren: Brown v Brown [2022] NZCA 476
Presented by Clinton Light, Special Counsel and Litigator, Shine Lawyers NZ
Learning Objectives:
- Examine recent case law developments impacting claims under the Family Protection Act 1955, including evolving interpretations of testamentary freedom
- Identify strategic considerations in estate planning and litigation, including the interplay between FPA claims, trusts, and relationship property rights
Presenters
Clinton Light, Special Counsel and Litigator, Shine Lawyers NZ
Clinton has more than 30 years’ litigation experience. He has worked in different areas of legal practice over the years, but his current focus is estate, relationship property and medico-legal litigation.
Bridgette White, Barrister, Bankside Chambers
Bridgette is an experienced commercial, regulatory and insolvency litigator. She has expertise in complex contractual and commercial disputes, regulatory investigations, enforcement activity and prosecutions (including by the Serious Fraud Office, Commerce Commission and Financial Markets Authority), fair trading and consumer protection claims as well as insolvency claims (including breaches of directors' duties). Throughout her career, Bridgette has acted on a range of high-profile cases and investigations across a diverse range of industries, including agricultural, manufacturing, construction, consumer and financial markets. Before joining Bankside, Bridgette was a senior litigator at Russell McVeagh. She has appeared in the District and High Courts and the Court of Appeal (as both sole and junior counsel) and has experience in mediations and arbitrations. Bridgette is recognised as a leading insolvency and restructuring lawyer in New Zealand by Best Lawyers 2024 Guide.
