Can your ex-spouse claim your property when you die?

Agreeing on a division of relationship property after you and your spouse separate can be fraught. Usually, emotions are highly charged.

Estates and guarantees

Guarantees entered into by a person during their lifetime can create some difficult legal issues for their executor after they die.

Making a bequest to a charity

For many charities, gifts in wills (bequests) are a significant source of funding.
Sometimes, however, charitable bequests cannot take effect when wills are not carefully drafted. This article looks at ways your wishes for a charitable bequest have the best prospect of being fulfilled.

Refusing an inheritance

This was the question faced by the executor/trustee of the estates ofMargaret and Ian Glue. Margaret died in 2005, leaving a life interest in her estate to Ian, and her remaining estate to her two sons. Ian died in 2009, also leaving his estate equally to his two sons, David and JohnJohn received his inheritance. David, however, could not be found despite exhaustive efforts even though it was believed he was alive. The executor/trustee had held David’s inheritance for years and wanted to be free of his obligations. We follow the HighCourt’s decision to close this case.

Where there is a will, what is the way?

A child (of whatever age) can make a claim against the estate of their parent under the Family Protection Act 1955 (FPA) if their parent dies and makes insufficient provision for them in their will. What happens, however, when a parent dies and their children aren’t aware of the fact? We also discuss the Law Commission’s report on succession law that has some specific recommendations for family claims on an estate.

Gift or loan?

The importance of properly documenting advances between family members. The trusty Kiwi “She’ll be right” approach is often manifested in a reluctance to formally document intra-family lending arrangements. In this article, we look at three different scenarios that are based on Maddy’s story.

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It’s your inheritance. Here’s how to keep it

A legacy or a gift in a will can significantly change your life, personally and financially. When a relative or friend does this, they want to show you kindness, but they usually also want the gift to benefit you personally, not other people like creditors, the Official Assignee or a de facto partner.

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Family Trusts and the Family Protection Act 1955

Under the Family Protection Act 1955 (FPA), parents have a moral duty to provide in their Wills for their children’s maintenance and support.