Family Proceedings Act 1980

Maintenance of spouses and de facto partners - Maintenance of spouses and de facto partners

71: Time limit for applying for order against estate of deceased party

You could also call this:

"Applying for an order against a deceased person's estate: time limits and rules"

Illustration for Family Proceedings Act 1980

If you want to apply for an order against the estate of a deceased person, you must do it within 12 months of the date when the administration of their estate was granted in New Zealand. You can ask the Family Court to extend this time limit, but they will only consider it after hearing from the people affected. The Family Court can extend the time limit for any further period, even if the 12 months have already passed. If you want the Family Court to extend the time limit, you must apply before the estate is fully distributed. If the estate has already been distributed, the distribution will not be changed because of your application. You cannot take action against the personal representative for distributing the estate if you apply for an extension after the distribution has happened. The Family Court will consider your application, but only if you apply before the estate is fully distributed and in accordance with the rules, including section 48(1) of the Administration Act 1969. You should be aware that the Family Court's decision will depend on the circumstances of your case. The court will make a decision based on what is fair and reasonable.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40851.

Topics:

Crime and justice > Courts and legal helpFamily and relationships > Children and parentingFamily and relationships > Marriage and partnerships

70B: Restriction on maintenance orders in favour of de facto partners, or

"Rules about money help for partners in short de facto relationships"

72: Maintenance of children, or

"Looking after kids: who pays and how"

Part 6Maintenance of spouses and de facto partners
Maintenance of spouses and de facto partners

71Time limit for applying for order against estate of deceased party

No order under section 70 shall be sought against the personal representative of a person after the expiration of 12 months from the date of the grant in New Zealand of administration of the deceased person's estate.
Subject to subsection (3), the Family Court may extend for any further period the time limit specified in subsection (1), after hearing such of the persons affected as it thinks necessary, whether or not the time limit has already expired.
No extension shall be granted under subsection (2) unless the application for an extension is made before the final distribution of the estate.
Where the estate has been distributed before the personal representative receives notice that any application has been made to the Family Court for an extension under subsection (2) and after every notice (if any) of an intention to make an application has lapsed in accordance with section 48(1) of the Administration Act 1969—
the distribution shall not be disturbed by reason of the making of the application or any order in respect of the application; and
no action shall lie against the personal representative for having made the distribution.

Notes

Section 71(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).
Section 71(4): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).