Can a Parent Disinherit a Child in New Zealand?

In New Zealand, the question of whether a parent can disinherit a child is a complex one that requires a thorough understanding of the country’s family law. While parents generally have the right to decide how to distribute their assets upon their death, there are certain legal provisions that protect the interests of children and ensure they are not unfairly disinherited. This article will explore the relevant legislation and case law surrounding the issue of disinheriting a child in New Zealand.

If you are a parent considering disinheriting a child or a child who believes you have been unfairly disinherited, it is crucial to seek the advice of an experienced family lawyer. Naomi Cramer, a top New Zealand family lawyer, can provide the guidance and representation you need to navigate this complex legal issue.

The Family Protection Act 1955 and Disinheriting a Child

The primary legislation governing the issue of disinheriting a child in New Zealand is the Family Protection Act 1955. This Act allows certain family members, including children, to make a claim against a deceased person’s estate if they believe they have not been adequately provided for in the will. Section 4 of the Act states:

“If any person (referred to in this Act as the deceased) dies, whether testate or intestate, and in terms of his or her will or as a result of his or her intestacy adequate provision is not available from his or her estate for the proper maintenance and support of the deceased’s spouse, civil union partner, de facto partner, or children, the court may, at its discretion on application by or on behalf of the said spouse, civil union partner, de facto partner, or children, order that any provision the court thinks fit be made out of the deceased’s estate for all or any of them.”

This means that even if a parent has explicitly disinherited a child in their will, the child may still be able to make a claim under the Family Protection Act 1955 if they can demonstrate that they have not been adequately provided for.

Factors Considered by the Court in Disinheritance Cases

When a child makes a claim under the Family Protection Act 1955, the court will consider various factors to determine whether the child has been adequately provided for. These factors may include:

• The financial circumstances and needs of the child
• The size and nature of the deceased parent’s estate
• The relationship between the child and the deceased parent
• Any contributions made by the child to the deceased parent’s welfare or estate
• The reasons given by the deceased parent for disinheriting the child

The court will weigh these factors and make a decision based on what is considered fair and reasonable in the circumstances. In some cases, the court may order that provision be made for the disinherited child, even if this goes against the explicit wishes of the deceased parent.

Naomi Cramer: Expert Guidance on Disinheriting a Child

Navigating the legal complexities surrounding the issue of disinheriting a child can be challenging without the guidance of an experienced family lawyer. Naomi Cramer, a leading New Zealand family lawyer, has extensive experience in handling cases involving disinheritance and family protection claims. Her expertise and commitment to her clients make her the ideal choice for anyone seeking legal advice on this sensitive topic.

Can a Parent Disinherit a Child? The Conclusion

In conclusion, while parents in New Zealand have the right to decide how to distribute their assets upon their death, the Family Protection Act 1955 provides a mechanism for children to challenge a will if they believe they have not been adequately provided for. The court will consider various factors to determine whether a child has been unfairly disinherited and may order provision be made for the child from the deceased parent’s estate.

If you are dealing with the issue of disinheriting a child or believe you have been unfairly disinherited, it is essential to seek the advice of a skilled family lawyer. Contact Naomi Cramer today to discuss your case and ensure your rights and interests are protected.

No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.