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Family Proceedings Act 1980

Separation

26: Effect of separation order on property rights

You could also call this:

"What happens to property when a separated spouse or partner dies"

Illustration for Family Proceedings Act 1980

If you are separated and your spouse or civil union partner dies without a will, their property will be divided as if you had died before them. You can ask the High Court for some of your spouse or civil union partner's property if they die while you are separated. You must apply to the High Court within the time specified in the Family Protection Act 1955 for this to happen.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40256.

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25: Discharge of separation order by court, or

"Asking the court to cancel a separation order if your situation has changed"

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27: Application for declaration as to validity of marriage or civil union, or

"Checking if a marriage or civil union is valid or properly ended"

Part 3Separation

26Effect of separation order on property rights

  1. If, while a separation order is in force, either spouse or civil union partner dies intestate as to any property, that property shall devolve as if the survivor had predeceased the intestate.

  2. Notwithstanding subsection (1),—

  3. in any case to which that subsection applies the High Court, on the application of the survivor made within the time specified in the Family Protection Act 1955 in relation to applications under that Act, may, at its discretion, order that such provision as the court thinks fit shall be made for the survivor out of the estate of the deceased spouse or civil union partner; and
    1. the provisions of that Act, as far as they are applicable and with the necessary modifications, shall apply with respect to every application under this subsection.

      Notes
      • Section 26(1): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
      • Section 26(2)(a): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).