The Estate Claim Form is a crucial document in New Zealand's estate administration system, designed to protect the rights of eligible parties who may have claims against a deceased person's estate. This form must be used when initiating proceedings in the High Court of New Zealand for claims under various statutes, including family protection claims, testamentary promises claims, and relationship property claims. The Estate Claim Form requires detailed information about the claimant's relationship with the deceased, the grounds for the claim, and the specific relief sought. It must comply with the High Court Rules 2016 and relevant legislation, and is typically accompanied by supporting documentation such as affidavits, financial records, and evidence of relationships or promises made.
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1. Court and Registry Details: Identification of the specific High Court registry where the claim is being filed
2. Estate Details: Full details of the deceased person including full name, date of death, and last residential address
3. Claimant Information: Full name, address, and contact details of the person making the claim
4. Legal Representation: Details of the lawyer or legal representative filing the claim, if any
5. Nature of Claim: Specification of the type of claim (e.g., family protection, testamentary promises) and relevant legislation
6. Relationship to Deceased: Description of the relationship between the claimant and the deceased
7. Grounds for Claim: Detailed explanation of the basis for the claim and supporting facts
8. Relief Sought: Specific details of what the claimant is seeking from the estate
9. Declaration: Formal statement verifying the truth of the information provided
1. Family Protection Details: Additional details required for claims under the Family Protection Act, including maintenance and support considerations
2. Testamentary Promise Details: Specific information about promises made by the deceased and services rendered when claiming under the Law Reform (Testamentary Promises) Act
3. Relationship Property Claim: Details specific to claims under the Property (Relationships) Act 1976
4. Māori Land Interests: Special considerations and details for claims involving Māori land under Te Ture Whenua Maori Act
5. Urgent Consideration Request: Section requesting priority handling of the claim with justification
6. Previous Proceedings: Details of any previous or current proceedings relating to the estate
1. Schedule A - Supporting Documents: List and copies of all supporting documents including death certificate, will, and grant of administration
2. Schedule B - Asset Schedule: Detailed list of known estate assets and their estimated values
3. Schedule C - Evidence of Relationship: Documents proving the relationship between claimant and deceased
4. Schedule D - Financial Information: Claimant's financial situation and needs assessment
5. Schedule E - Chronology: Timeline of relevant events and communications
6. Appendix 1 - Affidavit: Sworn affidavit supporting the claim
7. Appendix 2 - Notice to Other Parties: Copies of notices served on other interested parties
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