Legal Project Management Plan & Checklist
Purpose of this Guide: 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.
High Court of New Zealand, operating under a national jurisdiction. This fork addresses the unique evidentiary thresholds for de facto relationships under the Family Protection Act 1955.
The Process at a Glance: First, document the exact cohabitation period and determine if it exceeds three years. If the relationship is shorter than three years, identify if there is a child of the relationship or if the applicant made substantial contributions. Gather records of shared finances, joint leases or mortgages, and social recognition. File the supporting affidavits detailing the shared life of the couple. Address any estate assertions that the relationship was merely casual or had ended before death.
Key Legislation and Case Law: Family Protection Act 1955 section 3(1)(a)(ii) and section 3(1)(aa). The definition and criteria for a de facto relationship are governed by section 2D of the Property (Relationships) Act 1976. For relationships of short duration (under three years), section 4(2) of the Act requires proving a child or substantial contribution plus serious injustice. Case law includes Scragg v Scragg [2008] NZFLR 527 regarding cohabitation factors.
* 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) - De Facto Partner Standing and Cohabitation Assessment 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 TRUSTS_ESTATES cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
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