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Generally, the executor of a will is the one responsible for ensuring that there is full compliance with inheritance laws. The principal laws that apply to inheritance issues in New Zealand are the Wills Act 2007, the Administration Act 1969, the Family Protection Act1955, the Property (Relationships) Act 1976, the Law Reform (Testamentary Promises) Act 1949, and the Estate and Gift Duties Act 1968. Department of Sociology. The Wills Act 1837 was effectively “imported” from England and remained in force (albeit with numerous amendments) for 170 years until the Wills Act 2007 was passed. Whether you received your inheritance before or during your marriage, it is yours to do with as you please. If your parents die intestate (i.e. Both marital and non-marital children have equal rights to inherit from their parents. without a Will) then all of their assets will be passed to an Administrator, such as the Public Trust, to distribute. Category: New Zealand Law. When Melita Jackson decided to disinherit her daughter Heather, she knew what she was doing, and her decision was clear. It is generally risky to rely on a future inheritance, as many things can change or go wrong. References:New Zealand Master Trusts Guide, ed 3 at 2.1.3 Children's inheritance rights. Inheritance by the eldest son (primogeniture) did occur in New Zealand in the 19th and early 20th centuries, although a study of wealthy families at this time found equal inheritance amongst siblings was common and sons and daughters were often treated similarly. Submitted: 9 years ago. INTRODUCTION. The partners and staff travel regularly the length and breadth of the country on behalf of clients. The bequest passes either to the contingent beneficiary listed in the will or, if that person died without a … We are lawyers committed to delivering the very highest standards of professional service to our clients. You have no legal obligation to share it with your husband. Inheritance or succession laws in New Zealand have a long history. Funds from this account can be used to purchase items used by the couple/family, which then become "relationship property". However, non-marital children may have to prove paternity if it is disputed. The firm has its office in Wellington but services clients throughout New Zealand. University of Canterbury. When receiving inheritance money from overseas, there are laws to consider. These laws were rewritten and updated in 2011 and there is a progression towards a uniform law across the country. We act for institutions and individuals advising and assisting clients in many areas of the law. What rights to inheritance do De-Facto children have if their natural Father dies and the De-facto partner tries to cut them off. I live in SLC Utah and I have got a question regarding regarding inheritance in New Zealand for my son. Inheritance law in Australia varies in each state or territory. This account is used to lodge your inheritance funds and to deposit interest, dividends, repayments from any investments you have received from the inheritance. David C. Thorns. Christchurch. Now a court has ruled that Heather still has a right … If you refuse to accept an inheritance, you will not be responsible for inheritance taxes, but you'll have no say in who receives the assets in your place. My interest in the present law of succession and its appropriateness in the context of changing family relations arose during a study of the implications of housing wealth inheritance for intergenerational relations (Thorns 1995a, 1995b). However, you can convert your inheritance into marital property and give your husband a claim to it … Children's inheritance rights may be affected by their deceased parent's marital status. Less well-off families had less to divide. New Zealand was the first The existence of these rights and obligations are fundamental to a valid trust – as a trustee acts personally (there is no separate trust capacity) where the trustee and beneficiary are one and the same (and there are no further trustees or beneficiaries) there cannot be a trust.

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