Essay on equityLegislation and jurisprudence have evolved throughout history around testamentary promises. Court attitudes have fluctuated toward claims challenging the validity of a will. New Zealand was the first Commonwealth country to pass a family protection law, the Testators Family Maintenance Act 1900. Although the legislation has changed significantly since the incorporation of the first law, the central concept has remained essentially unchanged. There are three main laws in New Zealand governing family protection and testamentary promises: the Property (Relationships) Act 1976, the Law Reform (Testamentary Promises) Act 1949 and the Protection Act of 1955. This essay will explore these laws and the cases in which they reflect the courts' attitude toward them. The author will critically analyze the “attacks on testamentary freedom” from all sides. the execution of promises of testamentary provision in exchange for services rendered. » A claim will be made under testamentary promises where the claimant has performed unpaid services or work for the deceased in exchange for a provision in their will. Although this may seem like a simple contractual issue and a claimant can often bring a claim under the Contractual Remedies Act, there are certain circumstances in which a testamentary promise has not given rise to a contractual obligation and therefore to a claim under the testamentary promises. Action is appropriate. The courts have established that the Testamentary Promises Act applies to both contractual and moral claims...... middle of paper ......n of power of disposition by will Bill 1896Family Protection Act 1955 s3 (1)Family Family Protection Act 1955, section 3 (1) (d) Family Protection Act 1955, section 3 (1) (c) Family Protection Act 1955, section 3 (1A) Allaradice v Allaradice (1909) 29 NZLR 959 at 973 by Edwards J. Allaradice v Allaradice (1909) 29 NZLR 959 at 973 by Edwards J.Re Rush (1901) 20 NZLR 249 (SC) at 253 by Edwards J.Law of Family Protection and Testamentary Promises, Bill Patterson, (4th ed.)Lexis Nexus, 2013, Wellington at 14.Re McGregor (deceased) [1961] NZLR 1077 (CA).Re McGregor (deceased) [1961] NZLR 1077 (CA) at 1098.Allardice v Allardice (1910) 29 NZLR 959 (CA).Allardice v Allardice (1910) 29 NZLR 959 (CA) at 972. Property (Relationships) Act 1976 s1Property (Relationships) Act 1976, section 55 (1). Property (Relationships) Act 1976, section 61 (3).88(2).