What claims can be made against an estate in New Zealand?
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 half 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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Executor misconduct claims
Executors must administer the estate in accordance with the will and the law. If an executor breaches their duties, such as by mismanaging assets, failing to act in accordance with the will, or delaying in the administration of the estate, a beneficiary can make a claim to have them removed and pursue compensation.
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Testamentary capacity claims
If the deceased person lacked sufficient mental capacity at the time they made their will, it may be possible to challenge the validity of the will on the grounds of a lack of testamentary capacity.
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Claims of duress or undue influence
Interested parties can challenge the validity of a will if the deceased was coerced or unduly influenced into making or changing their will.
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When should you seek legal advice?
If you find yourself considering a claim against an estate, seeking expert advice early is crucial. Strict time limits apply and missing them could prevent you from pursuing a claim. By obtaining the right guidance, you can effectively navigate the process and safeguard your rights.
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