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 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.
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.
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. The absolute limitation period for filing a claim is twelve months from the sealing date of the grant of administration under section 9 of the Act. 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 TRUSTS_ESTATES cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.