Bad Law Makes Hard Cases — The Case For Repealing or Limiting The Family Protection Act 1955

(2021) 10 NZFLJ 101

6 Pages Posted: 21 Sep 2022

Date Written: July 2021

Abstract

This paper makes the case that the Family Protection Act 1955 (FPA) ought to be repealed or its application severely limited. Three principal arguments are put forward: first, the FPA is out of step with societal values about testamentary freedom; secondly, the broad discretion given to the court means the application of the FPA is unacceptably uncertain, leading to prolonged, costly and often bitter litigation; and thirdly, the application of the FPA is arbitrary, given that it only applies to property within the deceased’s estate upon death.

Keywords: Family Protection Act 1955, Family Provision, Testamentary Freedom, Succession

JEL Classification: K36

Suggested Citation

Porter, William, Bad Law Makes Hard Cases — The Case For Repealing or Limiting The Family Protection Act 1955 (July 2021). (2021) 10 NZFLJ 101, Available at SSRN: https://ssrn.com/abstract=4192108

William Porter (Contact Author)

Columbia Law School ( email )

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