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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22146
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My sister in law died in a traffic accident last year. Her

Customer Question

My sister in law died in a traffic accident last year. Her Husband is to be charged for the accident and is not a very ethical person.
She had not left a will.
There are 2 children :23 years old and 25 years old.
she owned a house which is in her name on the title. Her husband wants to sell it.
His relationship with kids has fallen apart due to him starting a new relationship within a few months of her death.
She worked and the house was to be left for her kids.
I am concerned he will waste the money and not give the kids their fair share as are they.
Can they register a caveat on the property if there is already one on it (which no one seems to know why) to help protect their interest.
Can they find out why the caveat that is on the property is there?
Can you give me any idea of costs to register caveat please?
Submitted: 4 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 4 months ago.

They could do this, and challenge the estate distribution. When there is no will the Administration Act has a formula for dividing the estate, and he would get the first part and the children would get the balnce. But this can and in this case should be challenged especially if he caused her death. They need to instruct a lawyer to freeze the estate and lodge a caveat if necessary. The lawyer can search the title for the property and see what has been registered, and if there is a caveat already

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