Does a child have rights to estranged parents will?

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TeaLeaf

6325 posts

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#210242 19-Mar-2017 15:11

A friend, a good friend, doesnt want to claim anything.

But basically his mother received no child support from the Father and the father has acknowledged his existence to his half siblings, one of which gave him his fathers email address, he wrote but never got a reply. He basically ran off with a new woman when my mate was 6 months old, but his brother, his uncle has kept in touch with him.

Anyway, his father is sick. What is the law in NZ, does an estranged child have any rights to the will? As he was born in 1974, I presume he has no way of suing the father for not paying his mother child support?

I know it would depend on a lot of things but Im curious as I have a cousin in a similar situation.

scuwp

3885 posts

Uber Geek

#1743843 19-Mar-2017 15:17

#1 Call a lawyer (I am not one).

To the best of my knowledge yes a natural child may have a claim to a deceased estate if they can prove they were disadvantaged. This is from my own legal advice received a few years ago.

Lazy is such an ugly word, I prefer to call it selective participation

BlinkyBill

1443 posts

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Inactive user

#1743859 19-Mar-2017 15:53

Even if your friend, who doesn't want to claim anything, asks you for your opinion, it's none of your business and you should offer none other than 'see a lawyer who specializes in family issues'.

And most certainly you shouldn't reproduce comments from a discussion board. Especially from people who think there is a claim against Spark for TiVo going belly-up.

blakamin

4431 posts

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Inactive user

#1743860 19-Mar-2017 15:57

BlinkyBill:
Especially from people who think there is a claim against Spark for TiVo going belly-up.

Beer came out my nose!!

TeaLeaf

6325 posts

Uber Geek

#1743865 19-Mar-2017 16:11

Well geeze Im just cruious not like im gonna do anything with it ;-p

Spark should never have confused people into thinking its no longer a telecoms company and now an electricity retailer, and stuck with name Telecom rather than listening to some very abstract brand manager ;-p

kiwifidget

"Cookie"
3421 posts

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Lifetime subscriber

#1743866 19-Mar-2017 16:18

Everyone has a right to contest a will.

Delete cookies?! Are you insane?!

BlinkyBill

1443 posts

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Inactive user

#1743934 19-Mar-2017 17:22

blakamin:
BlinkyBill:
Especially from people who think there is a claim against Spark for TiVo going belly-up.

Beer came out my nose!!

I want to see that, can you do it again?

JimmyH

2886 posts

Uber Geek

#1743957 19-Mar-2017 18:00

The answer is maybe.

It very much depends on the circumstances and the detail.

It's a complicated area and a job for a legal specialist. You should advise your mate to consult a lawyer who specialises in this area of the law.

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darylblake

1162 posts

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#1744058 19-Mar-2017 20:44

+1 for lawyer. Get one that specialises in Family Affairs / Deceased Estates.

Your friend should make contact directly. Best advice you can give them is a recommended lawyers contact details.

TeaLeaf

6325 posts

Uber Geek

#1745808 22-Mar-2017 13:47

he doesnt want to go there, im actually more interested for my cousins sake as her dad acknowledged her but now doesnt, so how can she prove hes here dad and what if he dies and nobody tells her?

definitely told her and him to talk to a lawyer.

some guys can be pretty crappy when it comes to this stuff, some women too believe it or not.

MikeB4

18435 posts

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#1745817 22-Mar-2017 13:53

This is a minefield and a Tech Forum is not the place to go to get advice. Talk to a Family Counsellor and or a Family Court Lawyer.

Wheelbarrow01

1723 posts

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Chorus

#1745979 22-Mar-2017 17:59

If the father's name is listed on the birth certificate, and the child has not had adequate consideration made in a will, then yes, there could be grounds to contest, but like others, I strongly suggest seeking legal advice as I am certainly no expert. My experience only comes from having been the executor of two family members' wills so far, however neither were contested as the appropriate consideration was made by both will makers.

The quote below is taken from the website of Rainey Collins Law in Wellington:

"The law imposes a moral duty on people to adequately provide for the proper maintenance and support of certain people entitled to provision from their estate. This includes the deceased’s spouse, de facto partner, children, dependent stepchildren, grandchildren and parents.

The duty to provide for the above people is not limited to those who are in financial need. Many well off claimants have received substantial payments from the estate for non-financial reasons, such as to acknowledge that a person belongs in the family. The amount of payment varies dramatically between cases as it depends on all of the circumstances of the particular case".

This "moral duty" is covered in the Family Protection Act 1955 - so it's not exactly new. If you want more information, google search "left out of will" and filter by NZ websites - there is a mountain of information from the websites of many New Zealand law firms relating to this.

mattwnz

20149 posts

Uber Geek

#1745983 22-Mar-2017 18:09

BlinkyBill: Even if your friend, who doesn't want to claim anything, asks you for your opinion, it's none of your business and you should offer none other than 'see a lawyer who specializes in family issues'.

And most certainly you shouldn't reproduce comments from a discussion board. Especially from people who think there is a claim against Spark for TiVo going belly-up.

Generally friends can still give their opinion though. The opinion may not have any standing legally, but that is often what friends do for one another, and helps people work their way through things. If a friend says, 'I don't want to discuss it at all', and 'get a lawyer', then that could affect the friendship.