Prof Peart, of the University of Otago law school, was commenting in the 21st annual Ethel Benjamin address, devoted to ‘‘Property Rights on Death: Policies in Conflict’’.
Mrs Benjamin was a University of Otago law graduate who 120 years ago, in 1897, became the first woman admitted to legal practice in New Zealand. Prof Peart told more than 180 people at the Dunedin Public Art Gallery that our law on property rights after death was ‘‘underpinned by conflicting policies’’ and was ‘‘uncertain and unpredictable’’.
‘‘That is a problem for all of us, because death is one of the few certainties in life.’’
When Mrs Benjamin’s parents, Lizzy Marks and Henry Benjamin, were married in 1873, ‘‘husband and wife became one person in the eyes of the law, represented by the husband’’. The wife lived under the husband’s protection, and regained her independent legal capacity after he died, but had no protection against disinheritance.
And in 1897 men had absolute freedom over who they named in their wills, and wives and children were often ‘‘disinherited and left destitute’’.
Prof Peart outlined efforts over many years to improve the law, including legislation successfully promoted by Southland lawyer Robert McNab, which required husbands to ensure no-one was left ‘‘destitute’’in their wills.
The 21st century had later begun ‘‘amidst a sea of conflicting policies and principles’’, as well as ‘‘uncertain matrimonial property rights’’.
The Law Commission began a review of the Property (Relationships) Act 1976 (PRA) last year and a discussion paper would soon be released.
Prof Peart hoped the commission recommended that the PRA be left to deal with property rights on separation, and that relationship property rights on death were dealt with in a separate statute.
That ‘‘more coherent approach’’ would remove some of the ‘‘conflict in policies governing relationship property and succession’’, she said.
The talk was organised by the Otago Women Lawyers’ Society and supported by the New Zealand Law Foundation.
