To the Registrar

. Land Registration District

Take notice that—

• 1

  I, [claimant], of [address], [occupation], am the spouse, civil union partner, or de facto partner of [spouse, civil union partner, or de facto partner], of [address], [occupation], who is—

• *registered as a proprietor of [nature of estate or interest] in the land described below.

• *entitled to, or beneficially interested [nature of estate or interest under Land Transfer Act 1952] in, the land described below, by virtue of an unregistered agreement or other instrument or transmission, or an express or implied trust, or by virtue of some other circumstances.

• *2

  My marriage to [spouse] took place on [date] at [place].

  or

• *2

  I entered into a civil union with [civil union partner] on [date] at [place].

  or

• *2

  I have been (or I am) in a de facto relationship with [de facto partner]. The relationship lasted (or has to date lasted) for [duration].

• 3

  Under the Property (Relationships) Act 1976, I claim an interest in that estate or interest by virtue of my marriage to [spouse] (or my civil union with [civil union partner] or my de facto relationship with [de facto partner]).

• 4

  I designate [address] as the place where notices relating to this notice of claim may be served.

Date: [date]

Signed by [name], the [claimant or claimant’s agent or attorney]:

Take notice that—

• 1

  I, [name], of [address], [occupation], am the spouse, civil union partner, or de facto partner of [spouse, civil union partner, or de facto partner], who died on [date] and, at that time, resided at [address].

• *2

  My marriage to [spouse] took place on [date] at [place].

  or

• *2

  I entered into a civil union with [civil union partner] on [date] at [place].

  or

• *2

  My de facto relationship with [de facto partner] lasted for [duration].

• 3

  Under section 61 of the Property (Relationships) Act 1976, I choose—

• *option A—to elect to make an application under that Act for a division of the relationship property.

  or

• *option B—

  • to elect not to make an application under that Act for a division of the relationship property; and

  • to receive—

    • any property to which I am entitled as a beneficiary under the will of [spouse, civil union partner, or de facto partner]; and

    • any beneficial interest to which I am entitled on his or her intestacy or partial intestacy.

• 4

  Communications with me on matters arising from this notice may be sent to [address].

Certificate [either to be included in notice, or to accompany it]

I, [lawyer], of [address], lawyer, certify here that I have explained to [name] the effect and implications of this notice.

Heading [insert at top, but only if the notice is, under section 65(2)(c) of the Act, to be lodged in a registry of the High Court]

• If given by a minor, this notice has effect as if the minor were of full age (see section 65(3) of the Act).

• Under section 65(4) of the Act, a choice of option is effective when a notice indicating the choice is lodged in accordance with section 65(2)(c) of the Act, either by lodging the notice with the administrator of the estate or, if the administration of the estate has not been granted in New Zealand, in the registry of the High Court in which an application for a grant of administration of that estate would, under the High Court Rules 2016, be required to be filed.

• Once a surviving spouse, civil union partner, or de facto partner has chosen option A or option B, that choice cannot be revoked.

• However, under section 69 of the Act, the court may, if satisfied of the matters stated in section 69(2) of the Act, set aside a choice of option A or option B, on an application made by the surviving spouse, civil union partner, or de facto partner before the final distribution of the estate of the deceased spouse, civil union partner, or de facto partner.