Legal Project Management Plan & Checklist
Purpose of this Guide: 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.
Jurisdiction: High Court of New Zealand, operating under a national jurisdiction. This fork addresses the parent standing rules under the Act.
The Process at a Glance: First, check if a spouse, partner, or child of the deceased is living. If any are alive, verify if the parent was being maintained by the deceased immediately before death. Gather bank records, invoices, and testimonies to prove this maintenance. Draft the statement of claim to reflect this exceptional standing. File the claim in the High Court.
Key Legislation and Case Law: Family Protection Act 1955 section 3(1)(e) and section 3(1A). Relevant cases include Re A [2018] NZFC 1024 regarding parent claims. If a spouse or child is alive, the parent must prove regular financial maintenance immediately before death; nominal support is insufficient.
* 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) - Parent Standing and Dependency 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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