Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when acting for a client who wishes to claim a share of a deceased person's estate in New Zealand. This situation arises when a close family member has been excluded from a will, or has not been left enough to meet their needs. The plan helps the lawyer identify if the client has standing to claim, prepare the necessary court documents, and navigate the lawsuit to a settlement or court order.
Jurisdiction: High Court of New Zealand, operating under a national jurisdiction. This plan applies across the country, as there is no division between states. The parent plan covers the general claim process, while forks address specific standing rules for de facto partners, stepchildren, and parents.
The Process at a Glance: First, verify that your client fits into one of the eligible categories and identify if the estate has been distributed. Serve a formal notice of intention to claim on the executor as soon as possible. Gather financial records, medical documents, and relationship history to build the case. File a statement of claim and notice of proceeding in the High Court within the twelve-month deadline. Serve the documents personally, make initial disclosures of key evidence, and attend mediation. If a settlement is not reached, prepare the case for a trial where a judge will decide the claim.
Use this fork when the applicant is a stepchild of the deceased. Under section 3(1)(d) of the Family Protection Act 1955, stepchildren have conditional standing. They must prove they were being maintained, or were legally entitled to be maintained, wholly or partly by the deceased immediately before death. This fork helps the lawyer gather the necessary evidence to cross this high standing threshold.
Use this fork when the applicant claiming against the estate is a de facto partner of the deceased. Under New Zealand law, a de facto partner has strong standing but must meet strict cohabitation requirements to qualify for an award. This fork guides the practitioner through verifying relationship duration, gathering evidence of financial and social interdependence, and establishing the claim.
Use this fork when the applicant is a parent of the deceased. Under section 3(1)(e) of the Family Protection Act 1955, parents have standing only under exceptional circumstances. They must prove they were being maintained immediately before death, or that there is no living spouse, civil union partner, de facto partner, or child of the deceased. This fork helps the practitioner navigate these tight standing restrictions.
Key Legislation and Case Law: Governed by the Family Protection Act 1955 (specifically sections 3, 4, and 9) and Part 18 of the High Court Rules 2016. Case law includes Williams v Aucutt [2000] 2 NZLR 479 (CA) which defines the scope of proper maintenance and support, and the doctrine of family recognition. An application must be made within twelve months from the date of the grant of administration in New Zealand, or two years where an administrator applies on behalf of a person who is not of full age or mental capacity (section 9(2) of the Act). The court may extend the time, but not after the final distribution of the estate (section 9(1)). Executors are protected from personal liability if they distribute assets after six months under section 47 of the Administration Act 1969, making early service of notice under section 48 critical. Remote witnessing of affidavits must comply with section 2A of the Oaths and Declarations Act 1957.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Family Protection Act Claims (Applicant) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Wills and Estates cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
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