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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22163
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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my ex husband lives with me, and his will leaves his estate

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my ex husband lives with me, and his will leaves his estate to me in entirety. money he has, was gifted to him by me to level the playing field.
He is not divorced from his second wife, can she make a claim on his estate when his will states I will receive everything

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : The time limit for applying for a share applies from when the marriage is dissolved, and therefore she could claim. If there was no settlement agreement then she could claim.
christhelawyer : It is not necessary to have a divorce to settle the property however. But she can claim against the estate under bothe Property Relationships Act or the Family Protection Act.

so if they had a financial settlement upon their legal separation, she cannot claim again????

christhelawyer : Correct provided this was properly drawn up under the Property Relationships Act with the correct for and advice

she received half the value of the house when they separated


she received half the value of the house (which I had originally owned in shares when he was married to me) It was done through a solicitor

christhelawyer : The settlement should be done correctly, but if she had a half share at the time this would make it difficult to claim.

thank you

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