When you make a will you have a moral (and some might say a legal) duty to provide for the proper maintenance and support of certain close family members. This could include your spouse, partner, children, grandchildren and in some circumstances stepchildren or your parents. If proper provision is not made for these family members they could make a claim to the Courts under the Family Protection Act 1955 asking for provision to be made for them out of your estate. There are various things that the Court will consider if a claim is made such as your reasons for not making sufficient provision, any conduct which would disentitled the family member to receive under your will, the size of your estate, your moral duty to provide for others and the age, state of health and financial position of the person claiming from your estate.
These claims can and often do create disharmony within the family structure. There are things that you can do to prevent such claims being made and recommend that you consult your lawyer before making a will. For more information on this or any other legal issues you can contact Kemp Barristers & Solicitors at info@kempsolicitors.co.nz or 412-6000.
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