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Relationship Property, s. 182, trust, Trusts, Wills

S 182 update

The Court of Appeal has upheld the High Court decision in Thakurdas v Wadsworth that executors can bring proceedings under s 182 of the Family Proceedings Act.

As noted at [16]:

“We add that it is now settled law that s 182 serves an important purpose in relationship property litigation, allowing courts to address property settled under nuptial trusts. The Supreme Court has held that s 182 empowers a court to review a settlement and remedy the failure of the premise — an enduring relationship — on which it was founded, ensuring that one party does not benefit unfairly at the expense of another. It would be inconsistent with that approach to invariably preclude any claim by the personal representatives of a deceased former spouse.”

See Marriage, divorce, death

References

  • Thakurdas v Wadsworth [2018] NZHC 1106
  • Wadsworth v T [2017] NZFC 5833
  • Clayton v Clayton [2016] NZSC 30
  • Thakurdas v Wadsworth [2018] NZCA 516

 

 

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