New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Property (relationships) act 1976 s2d

Legal area

Court

8 Apr 2016

GERA v MOIR AS EXECUTOR AND TRUSTEE IN THE ESTATE OF BERRY [2015] NZHC 613

Citation

[2015] NZHC 613
Court

High Court

The High Court dismissed the appeal and upheld the Family Court finding that, on the evidence (notably the deceased's diaries and contemporaneous entries), the de facto relationship had ended by March 2011 and there was no qualifying de facto relationship at the date of the deceased's death on 21 January 2012; therefore the applicant was not entitled to provision under the Family Protection Act.
26 Sept 2014

MARTIN v ESTATE OF MARSH [2014] NZHC 2354

Citation

[2014] NZHC 2354
Court

High Court

The High Court affirmed the Family Court: on the whole evidence and applying s 2D(2) holistically the parties did not live together as a couple in the relevant period; although the appellant stayed with the deceased at times (and some cohabitation occurred 2000–2004), there was no sufficient merger of lives, financial interdependence, or public reputation of a couple to constitute a de facto relationship for 2000–2009; the appellant did not discharge the burden on the balance of probabilities, appeal dismissed.