The legal framework
The Property (Relationships) Act presumes equal sharing after three years, for married, civil union and de facto couples. On death, the Family Protection Act allows spouses, partners, children and some grandchildren to claim where adequate provision was not made, and the Law Reform (Testamentary Promises) Act allows claims for promised rewards for services.
Key points
| Relationship property | Equal sharing after three years, including the family home |
|---|---|
| Separate property | Inheritances and gifts, if kept separate |
| Contracting out | Written agreement with independent legal advice on both sides |
| Family Protection Act | Spouses, partners and children can claim inadequate provision — adult children succeed more often than in most countries |
| Testamentary promises | Claims for promised compensation for services rendered |
| Estate duty | None |
| On death | The survivor elects between a relationship property claim and taking under the will |
| Equal sharing | Relationship property is presumed shared equally after three years |
| Family home | Almost always relationship property, whoever bought it |
| Economic disparity | A court can award compensation where one partner's income prospects suffered |
| Election on death | A survivor chooses between the Act and the will, within a time limit |
In practice
- Contract out early if you want to protect pre-relationship assets.
- Keep inheritances in a separate account and do not use them for the family home if you want them excluded.
- Take advice on the election available to a surviving partner — the choice is time-limited.
- Expect that excluding a child from a will may not hold.
- Contract out before the three-year point if you want to protect a pre-owned home.
- On a partner's death, take advice quickly about the election: the deadline is short.
Cost and coverage
Legal fees for agreements and wills; estate claims can consume a significant share of a modest estate.
Recent changes
Law Commission proposals to reform both the relationship property regime and succession law have been made; implementation has been partial.
Where to go
- Community Law Centres for free advice.
- Public Trust and private trustee companies.
- New Zealand Law Society for referrals.
Worth knowing
Disinheriting an adult child is difficult in New Zealand: courts have repeatedly varied wills to provide for children who were left out, even where relations were poor. The family home is relationship property even if one partner owned it before the relationship. That single rule produces most New Zealand disputes.
Official sources and links
- govt.nz — official government information
- New Zealand Legislation — acts and regulations