29 Sept 2023
O’DONOGHUE v COMIA [2023] NZHC 2735
- Citation
- [2023] NZHC 2735
- Court
- High Court
Clause 2.1 of the April 6, 2020 agreement, which records a 'full and final settlement of all property claims...under any statutory enactment', is sufficiently broad to encompass the defendant's statutory succession entitlement under s 77 of the Administration Act; however the agreement does not comply with s 21F of the Property (Relationships) Act and is therefore prima facie void and can only operate to contract out of s 77 if validated under s 21H by the Family Court; the defendant's failure to disclose the agreement when obtaining a grant in common form justified recall of that grant and a…
- Intestacy
- Letters of administration
- Contracting out of statutory succession
- Relationship property agreement
- Property (relationships) act s21f and s21h
- Administration act s77