The lives of almost every New Zealander are affected by estate law and many are affected by trust and equity law.
The estate of a deceased person can be administered straightforwardly and easily for the benefit of beneficiaries. That work is done by solicitors or other institutions.
Unfortunately, many disputes arise in relation to estates of a deceased persons. Family members may consider themselves aggrieved. There may have been a second marriage or relationship and there may be stepchildren to consider. Sometimes, regrettably, personal conflict between family members is reflected in dispute over the estate of the deceased. Claims can include:
- A claim under the Family Protection Act 1955 in which one family member of an appropriate class claims that the deceased has not made proper and adequate provision for that person in his or her will.
- A claim under the Law Reform (Testamentary Promises) Act 1949 in which a claim is made that, despite a contractual promise during the lifetime of the deceased to benefit the claimant in his or her will, that has not occurred.
- A claim under the Property (Relationships) Act 1976 in which a spouse or partner claims an interest in an estate despite the express provisions of the will of the deceased and by virtue of that Act.
There can also be questions as to interpretation of a will, questions concerning its execution and questions concerning the testamentary capacity of the deceased at the time the will was executed.
Our members have significant experience in these areas and can advise and assist, whether for a claimant or a widow or widower or former partner or some other family member or friend or the trustees and executors of the estate.
Family and other trusts, including charitable trusts, are very popular in New Zealand. There are disputes and issues that arise in relation to such trusts; including questions of ownership of property, indebtedness for loans made and forgiveness of those loans, liability of trustees to beneficiaries and liability to other parties, trustees obligations to beneficiaries, and their accountability.
Our members can advise and can assist with the resolution of disputes.
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