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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22682
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My father remarried and is now in his 80s he has one child,

Customer Question

Hi
JA: Hi. What is your issue regarding?
Customer: My father remarried and is now in his 80s he has one child
JA: What state are you in? It matters because laws vary by location.
Customer: there are three children from the first maridge
JA: Has anything been filed or reported?
Customer: not at this stage
JA: Anything else you want the lawyer to know before I connect you?
Customer: there has been reasonable wealth created by the father do the original children have any claim on his estate on his death which could happen in the next year or so
Submitted: 7 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 7 months ago.

If your father has left a will, which excludes the three children from the first marriage, then the three children are able to make a claim under the Family Protection Act. This act establishes that a parent has a moral obligation to leave their estate in fair proportions to the children. So where the three children from the first marriage are excluded, this breaches this moral obligation and they can make a claim under the act.

Customer: replied 7 months ago.
Many thanks Chris
Expert:  Chris The Lawyer replied 7 months ago.

Please let me know if I can help further or rate the answer as you wish

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