Wills & Estates Practice Area
The Wills & Estates practice area focuses on the legal aspects of managing a person's assets after they pass away. This includes making sure their wishes are followed as stated in their will, or if they don’t have a will, following the laws that apply in New Zealand.
Family Provisions Claims
One important part of this area is the Family Provisions Claim. This is a legal process that allows certain family members to ask for a share of a deceased person's estate if they feel they have not been adequately provided for in the will.
For example, if a parent passes away and leaves their estate to one child, but another child feels they were dependent on the parent or were promised support, they can make a Family Provisions Claim. This claim is made to the High Court, which will consider the circumstances and decide if the claim should be granted.
Who Can Make a Claim?
In New Zealand, the people who can make a Family Provisions Claim typically include:
- Spouses or partners
- Children
- Stepchildren
- Other dependants
Each case is unique, and the court will look at various factors, such as the relationship with the deceased and the financial needs of the claimant.
Why is This Important?
Understanding Wills & Estates, especially Family Provisions Claims, is crucial because it helps ensure that family members are treated fairly after a loved one has passed away. It can provide support to those who may be struggling financially or emotionally during a difficult time.
If you have questions about Wills & Estates or think you might need to make a Family Provisions Claim, it’s a good idea to seek legal advice. A lawyer who specialises in this area can guide you through the process and help you understand your rights.