Articles - Family Lawyer

When the cupboard is bare: how to claim under the Family Protection Act when all the assets pass to the surviving spouse by survivorship

When a person dies in a second marriage or de facto relationship, their children from an earlier relationship can find themselves shut out twice over. The will may leave everything to the surviving partner and the assets may all pass to the surviving spouse by survivorship. And if that surviving partner is also the executor, the children or stepchildren face a particularly difficult problem: getting the executor to act against their own interests.

When it’s time to say ‘me too’: family violence, property and protection orders

When it’s time to say ‘me too’: family violence, property and protection orders by Alex McDonald | Apr 14, 2024 | Family Lawyer What is family violence? Family violence is often hidden but it affects adults and children across all age groups, ethnicities and...

Time Limits for making claims against estates are brutal

New Zealand in the 1990s and 2000s went through a boom in the creation of family trusts. A big part of it was parents establishing trusts to protect the family home and other assets for their children. Many of those trusts are now coming to fruition as the parents…

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