(1) Where in the administration of the estate of any deceased person a claim is made against the estate founded upon the rendering of services to or the performance of work for the deceased in his lifetime, and the claimant proves an express or implied promise by the deceased to reward him for the services or work by making some testamentary provision for the claimant, whether or not the provision was to be of a specified amount or was to relate to specified real or personal property, then, subject to the provisions of this Act, the claim shall, to the extent to which the deceased has failed to make that testamentary provision or otherwise remunerate the claimant (whether or not a claim for such remuneration could have been enforced in the lifetime of the deceased), be enforceable against the personal representatives of the deceased in the same manner and to the same extent as if the promise of the deceased were a promise for payment by the deceased in his lifetime of such amount as may be reasonable, having regard to all the circumstances of the case, including in particular the circumstances in which the promise was made and the services were rendered or the work was performed, the value of the services or work, the value of the testamentary provision promised, the amount of the estate, and the nature and amounts of the claims of other persons in respect of the estate, whether as creditors, beneficiaries, wife, husband, civil union partner, children, next-of-kin, or otherwise.
(2) This section shall apply—
(3) Where the promise relates to any real or personal property which forms part of the estate of the deceased on his death, the court may in its discretion, instead of awarding to the claimant a reasonable sum as aforesaid,—
(4) In awarding any amount on a claim under this section the court may, if it thinks fit, order that the amount awarded may consist of a lump sum or a periodical or other payment.
(5) The incidence of any payment or payments so ordered shall, unless the court otherwise determines, fall rateably upon the whole estate of the deceased, or, in cases where the authority of the court does not extend or cannot directly or indirectly be made to extend to the whole estate, then to so much thereof as is situated in New Zealand.
(6) The court shall have power, after hearing such of the parties as may be affected as it thinks necessary, to exonerate any part of the estate of the deceased from the incidence of any such payment or payments, to determine priorities as between any benefit awarded by the court to the claimant under this Act and the beneficial interests of any other person or persons in the estate of the deceased person, and to make such provision as it thinks fit as to the incidence of the whole or any part of the debts, testamentary expenses, and duty in respect of the estate of the deceased. For the purposes of this subsection the court may direct any executor or administrator to represent, or appoint any person to represent, any such party.
(7) Any order under this section, or any provision of any such order, may be made upon and subject to such terms and conditions as the court thinks fit.
(8) Nothing in this section shall affect any remedy which a claimant may have apart from this Act in respect of any promise to which this section relates, and where a claimant has any such remedy he may at his option enforce that remedy or his remedy under this section, but not both:
provided that nothing in this section shall prevent alternative claims in respect of those remedies from being made in the one action.
Compare: 1944 No 18 s 3
Section 3(1): replaced, on 1 January 1962, by section 2(1) of the Law Reform (Testamentary Promises) Amendment Act 1961 (1961 No 19).
Section 3(1): amended, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 3(2)(b): amended, on 1 January 2008, by section 364(1) of the Property Law Act 2007 (2007 No 91).
Section 3(6): replaced, on 1 January 1962, by section 2(2) of the Law Reform (Testamentary Promises) Amendment Act 1961 (1961 No 19).
Section 3(8): inserted, on 1 January 1962, by section 2(3) of the Law Reform (Testamentary Promises) Amendment Act 1961 (1961 No 19).
Section 3(9): inserted, on 17 November 2007, by section 17 of the Succession (Homicide) Act 2007 (2007 No 95).