The Direction of the Family Protection Act 1955

This paper was commissioned as part of the New Zealand Law Commission review on various aspects of the law of succession, in particular the Family Protection Act 1955. The author begins by reviewing criticisms of the Act in case-law, before considering a number of options for the transmission of property on death in an attempt to encourage public debate on this issue. The paper concludes that public opinion will have to be sought to determine the future disposal of deceased estates, and in particular whether the family is to be singled out for special protection as is suggested by the courts