Estate claims
Claims by family members
In New Zealand, a parent must usually make some provision for each of their children in their will. How much a child is entitled to receive depends on the circumstances. Sometimes other family members are also entitled to an inheritance. Those who have not been adequately provided for can claim against the estate.
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Relationship property claims
When a person dies, their surviving spouse or partner typically has the option to select between inheriting according to the will or claiming a fifty-percent share of all relationship property. The spouse must assess the benefits of each option and make their decision promptly, as strict time limits apply.
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Claims for broken promises
A person who was promised an inheritance in exchange for services rendered or other contributions can bring a claim if that promise was not fulfilled. Different claims are available depending on the nature of the promise and the type of services performed or contributions made.
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Debt claims
If you are owed money by someone who has died, you can usually recover the debt from the person’s estate. Where an executor enters into a contract, the executor is personally liable for the costs incurred, and can claim a reimbursement from the estate only if the costs are reasonably incurred.
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