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Inheritance Prenup

Inheritance Prenup Template for New Zealand

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Key Requirements PROMPT example:

Inheritance Prenup

"I need an Inheritance Prenup that specifically protects my family's vineyard business and expected inheritance from my grandmother's estate, with special provisions for Maori cultural artifacts that have been in my family for generations."

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Document background
The Inheritance Prenup is a specialized legal document used in New Zealand prior to marriage to protect inherited and inheritable assets from relationship property claims. It is particularly relevant for individuals with significant family wealth, anticipated inheritances, or family heirlooms they wish to protect. This document must comply with the Property (Relationships) Act 1976 and requires independent legal advice for both parties. The agreement typically includes comprehensive asset schedules, provisions for future inheritances, and specific protections for family wealth. It's especially important in New Zealand where relationship property laws can otherwise allow claims against inherited assets. The document should be prepared well in advance of marriage to ensure proper consideration and compliance with legal requirements.
Suggested Sections

1. Parties: Identification of both parties entering into the prenuptial agreement

2. Background: Context of the agreement, including the intended marriage and purpose of protecting inheritance rights

3. Definitions: Key terms used throughout the agreement, including definitions of separate property, inheritance assets, and relationship property

4. Disclosure of Assets: Complete disclosure of both parties' assets, particularly inherited assets and expected inheritances

5. Separate Property Declarations: Specification of assets that will remain separate property, particularly inherited assets and family heirlooms

6. Treatment of Future Inheritances: Provisions for how future inheritances will be treated during the relationship and upon separation

7. Protection of Family Assets: Specific provisions for protecting family assets and heirlooms

8. Relationship Property: Definition and treatment of property acquired during the relationship

9. Death Provisions: Specific provisions for what happens to property upon death of either party

10. Variation of Agreement: Circumstances and process for varying the agreement

11. Severability: Provision for maintaining validity of remainder of agreement if any part is found invalid

12. Governing Law: Confirmation that New Zealand law governs the agreement

Optional Sections

1. Business Interests: Section addressing treatment of family business interests and inheritance of business assets - include when either party has family business interests

2. Trust Arrangements: Provisions relating to existing or future family trusts - include when trust structures are involved

3. Overseas Assets: Special provisions for inherited assets located overseas - include when there are international assets

4. Cultural Heritage Items: Special provisions for items of cultural significance (particularly relevant for Māori taonga) - include when applicable

5. Intellectual Property Rights: Provisions for inherited intellectual property - include when relevant

6. Family Loans: Treatment of loans from family members - include when family loans exist or are anticipated

Suggested Schedules

1. Schedule A - Schedule of Inherited Assets: Detailed list of current inherited assets of both parties

2. Schedule B - Schedule of Expected Inheritances: List of known future inheritances and their estimated values

3. Schedule C - Family Heirlooms: Detailed inventory of family heirlooms and their agreed values

4. Schedule D - Independent Legal Advice Certificates: Certificates from each party's lawyer confirming independent legal advice

5. Schedule E - Asset Valuations: Professional valuations of significant inherited assets

6. Appendix 1 - Family Tree: Family tree showing inheritance lines where relevant

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Marriage
Relationship
Separate Property
Relationship Property
Inherited Assets
Future Inheritance
Family Heirlooms
Taonga
Effective Date
Independent Legal Advice
Relationship Property Claim
Distribution Date
Estate
Family Trust
Protected Assets
Inheritance Rights
Testamentary Disposition
Qualifying Assets
Relationship Debt
Anticipated Inheritance
Trust Property
Settlement Date
Variation
Governing Law
Commencement Date
Excluded Property
Family Business
Cultural Property
Inheritance Proceeds
Clauses
Identification of Parties
Interpretation
Separate Property Declaration
Inheritance Protection
Future Inheritance Rights
Asset Disclosure
Family Trust Provisions
Property Division
Death Provisions
Succession Rights
Asset Valuation
Independent Legal Advice
Variation and Amendment
Severability
Governing Law
Execution Requirements
Full Disclosure
Cultural Property Protection
Trust Arrangements
Family Business Succession
Dispute Resolution
Confidentiality
Registration and Notice
Termination
Review and Revision
Binding Effect
Enforcement
Compliance with Law
Relevant Industries

Legal Services

Family Law

Estate Planning

Wealth Management

Private Banking

Trust Services

Financial Advisory

Property Management

Relevant Teams

Legal

Private Client Services

Wealth Management

Estate Planning

Family Law

Trust Administration

Succession Planning

Private Banking

Relevant Roles

Family Lawyer

Estate Planning Attorney

Private Wealth Manager

Trust Manager

Legal Counsel

Relationship Property Specialist

Private Client Advisor

Family Office Manager

Succession Planning Advisor

Wealth Protection Specialist

Industries
Property (Relationships) Act 1976: Governs the division of property between partners during separation or death, including provisions for contracting out agreements (prenuptial agreements)
Administration Act 1969: Deals with the administration of deceased estates and inheritance matters in New Zealand
Family Protection Act 1955: Allows certain family members to make claims against an estate if they feel inadequately provided for, which can affect inheritance arrangements
Wills Act 2007: Regulates the creation, validity, and interpretation of wills, which is relevant for inheritance matters
Law Reform (Testamentary Promises) Act 1949: Allows claims against an estate based on promises made by the deceased in return for services rendered
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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