If a disabled man has a disabled wife ( who is more disabled than him) and he wants to make a will and leave his entire estate to his sister or his sisters children is he legally allowed to do this and not provide for his disabled wife.
Country relating to Question: New Zealand
HiWelcome to JustAnswer. You can make such a will, but your wife may be able to make a claim under either the Family Protection Act or the Property Relationships Act for proper provision, if she is left out of the will. I suggest you discuss this with your lawyer in more detail as there are ways to provide for her without excluding her-such as a life interest.
what if the mans assets where part of a familiy trust, and as the man is the legal next of kin, and on his death her parents were to become her legal next of kin, can they force the Family Trust to give them the mans share of the family trust to cover her expenses if they were to put her into residential care.
the man is a trustee and a beneficiary to a family trust, which was set up years before he got married. If he were to predecease his disabled wife, does this mean her parents can become her legal next of kin and demand from the family trust the late mans share of the family trust on behalf of their daughter for her care if she was to be put into residential care. There are no children from the marriage.
You can and should ensure that there are enduring powers of attorney in place, for property and welfare. If the wife is unable to sign such a power of attorney through lack of capacity to understand such a document, then a property and welfare guardian should be appointed by the family Court. If you have this in place, then you should ensure that there is a backup person in case the first person named as attorney dies or is no longer able to carry out the function.However if there are family trusts in place, and you are a beneficiary but not an owner, then the family trust will say where the property will pass on your death. It is only the property which you own personally which will be affected by any claim by your wife or the representative of your wife. You clearly have a more complex personal situation. I can only give you an overview, and it would be important for you to see an experienced trust lawyer to get complete and full advice on this.
because the man, his sister and his parents are trustees of the trust does that make them all equal owners of the properties
They are not owners of the property but the trust is the owner. It is in their names because a trust cannot be recorded as an owner of land.
LLB MMgt FAMINZ 32 years qualified as lawyer
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