Forced Heirship in New Zealand?

This article considers the limits on testamentary freedom in New Zealand, with a particular focus upon the Court’s treatment of adult children’s claims for family provision under the Family Protection Act 1955 and compares that to the institution of forced heirship in civil law jurisdictions. The article concludes that if New Zealand’s discretionary family provision system were replaced with a forced heirship system, it would have the benefit of providing certainty of entitlement and estate distribution, but it would sacrifice the maintenance element in favour of recognizing the family connection. If forced heirship is rejected then the Family Protection Act should be amended to reflect the narrow purpose of a maintenance provision and the judicial discretion should be limited accordingly