Can a Parent Disinherit a Child for Misconduct in New Zealand?

When it comes to estate planning and inheritance, many parents wonder if they have the right to disinherit a child for misconduct. In New Zealand, the answer is not always straightforward. While parents generally have the freedom to decide how to distribute their assets, there are certain legal considerations that may limit their ability to completely disinherit a child, even in cases of misconduct.

If you are dealing with a complex situation involving disinheriting a child for misconduct, it is crucial to seek the guidance of an experienced family lawyer. Naomi Cramer, a top New Zealand family lawyer, can provide the expert advice and representation you need to navigate this challenging legal landscape.

The Family Protection Act 1955 and Disinheriting a Child

In New Zealand, the Family Protection Act 1955 plays a significant role in determining whether a parent can disinherit a child for misconduct. This Act allows certain family members, including children, to challenge a will if they believe they have not been adequately provided for. Section 4 of the Family Protection Act 1955 states:

An application for provision out of the estate of any deceased person may be made under this Act by or on behalf of all or any of the following persons:

(a) the spouse or civil union partner of the deceased:

(b) a de facto partner who was living in a de facto relationship with the deceased at the date of his or her death:

(c) the children of the deceased:

…

This means that even if a parent has explicitly disinherited a child in their will, the child may still have grounds to contest the will and seek provision from the estate.

Factors Considered by the Court in Disinheritance Cases

When a disinherited child challenges a will under the Family Protection Act, the court will consider various factors to determine whether the child should receive a share of the estate, despite any alleged misconduct. These factors may include:

• The nature and severity of the child’s misconduct
• The child’s financial circumstances and needs
• The size of the estate and the needs of other beneficiaries
• Any contributions the child has made to the family or the parent’s welfare
• The relationship between the parent and the child

The court will weigh these factors to decide whether the disinheritance was justified or if the child should receive a portion of the estate, despite their misconduct.

Misconduct and Disinheritance: New Zealand Case Law

New Zealand courts have dealt with several cases involving disinheritance and misconduct. In the case of Williams v Aucutt [2000] 2 NZLR 479, the Court of Appeal considered whether a son’s criminal conviction and imprisonment were sufficient grounds for his mother to disinherit him. The court found that while the son’s conduct was reprehensible, it did not justify complete disinheritance, and he was awarded a modest provision from the estate.

Another notable case is Re Estate of Wilson [2014] NZHC 2543, where a daughter was disinherited due to her estrangement from her father. The High Court held that the daughter’s estrangement alone was not sufficient to justify her disinheritance and awarded her a share of the estate.

Seeking Legal Advice for Disinheritance and Misconduct

Disinheriting a child for misconduct is a complex and emotionally charged issue. If you are considering disinheriting a child or are a child who has been disinherited, it is essential to seek the advice of a skilled family lawyer. Naomi Cramer’s YouTube channel offers valuable insights into various aspects of New Zealand family law, including wills and estates.

Can a Parent Disinherit a Child for Misconduct in New Zealand? The Conclusion

In conclusion, while parents in New Zealand have the right to decide how to distribute their assets, completely disinheriting a child for misconduct is not always possible. The Family Protection Act 1955 allows children to challenge a will if they believe they have not been adequately provided for, and the court will consider various factors when determining whether a disinherited child should receive a share of the estate.

If you are facing a situation involving disinheriting a child for misconduct, it is crucial to consult with an experienced family lawyer like Naomi Cramer. With her expertise in New Zealand family law, Naomi can guide you through this challenging process and help you achieve the best possible outcome for your unique circumstances.

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.