Thursday 9 April 2015
In New Zealand, certain people are able to bring a claim against your Estate, even when a Will has been made.
Some Chinese have traditionally favoured sons over daughters in their Will. In New Zealand, it is possible for children who are disadvantaged to challenge a Will. This applies even if the child is an adult or disabled. If you wish to make an uneven division of your assets between your children, you should discuss with your lawyer carefully about your reasons and your children’s circumstances. Otherwise, you may leave a potential problem for the children whom you wish to benefit the most. They may end up carrying significant costs and the stress of litigation with your other children.
Your past spouses or de facto partners may also claim against your Estate if relationship property issues have not been resolved. Similarly, if you have not made a fair provision for your surviving spouse or de facto partner in your Will, they can also make a claim against your Estate. This is especially common where there is second relationship.
As can be seen from the above, there may be conflict between providing for your children from a previous relationship and providing for your second partner or spouse. It is therefore important to discuss with your lawyer about those issues when writing a Will.
Relatives or friends who have helped to look after you before you die may also make a claim against your Estate. They can do that if they can provide evidence that you have promised them a share in the Estate in return for their services. They must provide clear evidence of the promise.
A Will is not simply what you wish to do with your assets once you are gone. Good legal advice will ensure that you achieve what you intend.
If you require legal advice, contact Teresa Chan at Teresa Chan Law Limited, Level 3, Westpac Building, 106 George Street, Dunedin 9016, ph. 477 1069, or email teresa@tchanlaw.co.nz If you are a Mandarin speaker, please ring Jack Liu at (021) 0233 1168.
9 April 2015
Note: The information in this article is general only. You should seek advice for specific situations.
KEYWORDS: Will, estate, child, children, partner, spouse, litigation
