Estate Litigation

We are experienced in advising and representing people in Family Protection and Testamentary Promises claims and claims under the Property (Relationships) Act 1976.  

There are a number of grounds on which the validity of a Will can be challenged and these include that it was not properly witnessed, that the deceased lacked sufficient mental capacity to make a valid Will or that there was undue influence on the deceased by someone benefiting under the Will. We can advise you if circumstances exist to challenge the validity of a Will.

We can also advise you whether you can make a claim challenging the contents of a valid Will. These claims can be brought under:

(a) Property (Relationships) Act 1976

The deceased's surviving spouse or partner can claim their share of relationship property instead of accepting the terms of the Will.

(b) The Family Protection Act 1955

Alleging that the deceased has not made adequate provision for the proper maintenance and support of their immediate family.

(c) The Law Reform (Testamentary Promises) Act 1949

Alleging the deceased has not fulfilled a promise to reward services or work done for the deceased by making a provision in the Will.

People who are dealing with claims of this nature are often dealing not only with the grief associated with the loss of someone close, but also difficult family dynamics that may arise when a Will is seen to be unfair or promises have not been kept. 

For more information please contact Julius Maskell (DDI 04 494 8362)

Useful links

http://www.legislation.govt.nz/

http://www.lawsociety.org.nz/news-and-communications/guides-to-the-law/making-a-will-and-estate-administration

 

 


Contact Us

Office Address
Level 2
38–42 Waring Taylor Street
Wellington 6011
Postal Address
PO Box 5003
Wellington 6140
DX SP 22509
Fax/Email
Email: enquiry@tmf.co.nz
Fax: (04) 473 3696