Login|Contact Us
Question and Answer

New Zealand Law

Ask a New Zealand Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

Hi, In the event of divorce, is a will made prior to the divorce

 
christhelawyer's Avatar
  • Answered by:christhelawyer
  • Lawyer
  • Positive Feedback: 98.0 %
  • Accepted Answers: 7787
Verified Expert
in New Zealand Law

Recent Feedback

Positive
awesome help
Positive
What I thought Thanks
Positive
thank you
Positive
Fast and efficient made me feel allot better and more confident as to what may...
Positive
Type your review here...
Positive
I have used christhelawyer in the past and as always his advice & service has...
Positive
Type your review here...
Positive
seemed to know what they were on about was nice talking to you helped clear some...
Positive
had trouble keeping contact and even this i have had to do twice. I dont know...
Positive
A very clear answer. Thank you

Customer Question

Hi,
In the event of divorce, is a will made prior to the divorce with a spouse as a beneficiary still valid or does a new will need to be made.
Thank you
Stuart

 



Already Tried:
nothing

Submitted: 292 days and 8 hours ago.
Category: New Zealand Law
Value: NZ$47
Status: CLOSED

Accepted Answer

Picture
Expert:  christhelawyer replied 292 days and 3 hours ago.


christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

The Wills Act 2010 says

christhelawyer :
19Effect on will of will-maker's marriage or civil union ending
  • (1)This section applies when—

    • (a)a will-maker makes a will; and

    • (b)after the will-maker makes the will, an order of a kind described in subsection (2) is made to which the will-maker is a party; and

    • (c)the order is in force when the will-maker dies; and

    • (d)the will contains a provision of a kind described in subsection (3).

    (2)The orders are—

    • (a)an order made under Part 3 of the Family Proceedings Act 1980; or

    • (b)an order made under section 42 of the Family Proceedings Act 1980; or

    • (c)an order or decree corresponding to an order described in paragraph (a) or (b) made under an earlier corresponding enactment; or

    • (d)an order, decree, or enactment corresponding to an order described in paragraph (a) or (b) made outside New Zealand that is recognised by the courts in New Zealand.

    (3)The provisions are—

    • (a)the appointment of the will-maker's spouse or partner as executor or trustee or advisory trustee of the will-maker's will; or

    • (b)the appointment of the will-maker's spouse or partner as a trustee of property disposed of by the will to trustees on trust for beneficiaries who include the spouse's or partner's children; or

    • (c)a disposition to the will-maker's spouse or partner, except for a power of appointment exercisable by the spouse or partner exclusively in favour of the spouse's or partner's children; or

    • (d)a disposition for the payment of a debt secured on—

      • (i)property that belongs to the will-maker's spouse or partner; or

      • (ii)property that devolved by survivorship on the will-maker's spouse or partner.

    (4)The following apply to a provision of a kind described in subsection (3):

    • (a)the provision is void; and

    • (b)in relation to the provision, the will must be read as if the will-maker's spouse or partner died immediately before the will-maker.

    (5)Subsection (4) does not apply if the will makes it clear that the will-maker intended—

    • (a)the provision to be effective even if an order of the kind described in subsection (2) were made; and

    • (b)in relation to the provision, the will not to be read as if the will-maker's spouse or partner died immediately before the will-maker.

christhelawyer :

This means the prior will is void and a new will is needed

Expert TypeLawyer
Category: New Zealand Law
Pos. Feedback: 98.0 %
Accepts: 7787
Answered: 7/2/2012

Experience: LLB MMgt FAMINZ 32 years qualified as lawyer

Ask this Expert a Question >
 
Tweet

Solicitors are Online Right Now

Ask Your Question Now
New Zealand Law Questions Date Submitted
If an independent contractor has her contract terminated by 4/11/2013
Good Morning, I have a question regarding Home Based Business 4/5/2013
Am I able to get an annulment in NZ if I was married in another 2/10/2013
My boyfriend is thinking of applying to do law in new zealand. 1/26/2013
Do i have to pay an estate fee to have money transferred into 1/18/2013
This is a New Zealand law question. I am in the process 1/13/2013
Hi, [Background] Myself and my wife were granted a Residence 1/3/2013
Can a non NZ resident who owns property managed under power 12/18/2012
Are the New Zealand electrical regulations able to be in forced 12/5/2012
I am a Solomon Island women citizen married and now separated 11/16/2012
RSS
Next 10 >
Ask A Solicitor
Type Your New Zealand Law Question Here...
characters left:

Top New Zealand Law Experts

See More Solicitors

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Solicitor

Get a Professional Answer. 100% Satisfaction Guaranteed.
174 Solicitors are Online Now
Type Your New Zealand Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan