Are you contesting a will in NZ? As an esteemed estate dispute lawyer, Sharon Chandra can help you with your contested will, trust, and estate queries. Get in touch today to learn more.
Get the Help You Need from a Specialised Estate Dispute Lawyer
Dealing with the death of a loved one can be particularly stressful and challenging. This time can be more difficult if there are legal issues to address. Whether you’re contesting a will, negotiating a claim, or preparing for the distribution of assets when there is no will, rReceiving the right advice from an estate dispute lawyer can make this period easier.
Family Protection Claim
If you believe you have not been sufficiently provided for in the will of someone close to you, an our estate dispute lawyer will contest lawyer can check if a family protection claim is available to you and argue your case. The law imposes a moral obligation to provide for those close to them, such as children, a spouse, or a partner. If you have not been provided for at all or believe you should have received a greater share of an estate, obtaining legal advice from an experienced estate dispute lawyer regarding your position will help you make decisions about how best to address such issues. Reach out to Sharon Chandra today if you’re considering negotiating or contesting a will in New Zealand.
Lack of Testamentary Capacity
Issues can also arise if a will-maker did not have the required mental capacity to make their will. This is known as a lack of testamentary capacity. The assessment of whether a will-maker had testamentary capacity at the time of making their will often requires obtaining the deceased’s medical records and seeking the opinion of a medical expert as to whether the deceased had capacity.
If a will-maker is held not to have had testamentary capacity at the time of making their will, that will becomes invalid and the deceased’s prior will comes into effect. If the deceased did not have a prior will, the rules of intestacy apply (see below).
Dying Without a Will
If someone dies without a will, the rules of intestacy govern what is to happen to the deceased assets. A set list of rules governs the distribution of a deceased’s assets when they die without a will. The estate distribution depends on what family members the deceased has left behind, e.g., spouse/partner, children, parents, etc. Our dedicated estate dispute lawyer will help you prepare court documentation and liaise with banks, investment companies, life insurance companies, and share registries to close bank accounts.
A testamentary promise claim requires services to be performed for the deceased during their lifetime, coupled with a promise by the deceased that they will provide for the other person on their death. There also needs to be some link between the services performed and the promise that is made.
For example, a grandson may care for their grandfather during his lifetime on the basis that they would be looked after on the grandfather’s death. If the grandson is not ultimately provided for in the grandfather’s will, it may be possible for the grandson to make a testamentary promise claim against the grandfather’s estate.
As an experienced estate dispute lawyer, Sharon can help you. For advice and assistance contesting a will in NZ, don’t hesitate to get in touch to arrange an appointment.