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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: New Zealand Law
Satisfied Customers: 111576
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Ahh my mother has my money after multiply times asking for

Customer Question

hi there, ahh my mother has my money after multiply times asking for it she still isn't giving it to me, the account is under her name but I'm under her as well.
JA: What state are you in? It matters because laws vary by location.
Customer: Christchurch
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: nopew
Submitted: 1 month ago.
Category: New Zealand Law
Customer: replied 1 month ago.
I'm almost 19. i was the one that put most of the money into that account. I've told them they can't have my money they still have it
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the law, if the money is in an account held in trust for a minor, you have to wait until you turn 20 to remove the money from the account. If she refuses to return the money or turn it over to you at that time and your name is ***** ***** account, at 20 you have a right to withdraw the money on your own. If your name is ***** ***** the account, then you would have to sue her in court for release of the money.
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Customer: replied 1 month ago.
If it's not in a trust. It's under an account run by her and I'm under her aswell
Customer: replied 1 month ago.
I was the one that put all the money into that account. And now that I'm 18 nearly 19 I would like my money out, as I'm in need of it. The money was held into a savings account not a trust.
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
If you were a minor, it would be in a constructive trust account and the law says that at 20 the trustee (even implied trustee, which is what she is) must release it to you or you can sue them for release.
Customer: replied 1 month ago.
I am able to take them to court over it
Customer: replied 1 month ago.
Is this law in New Zealand law or not ?
Expert:  Law Educator, Esq. replied 1 month ago.
Thank you for your reply.
Yes, NZ law says a bank account held for a minor, which you were at the time you put the money in there, is in a trust or constructive trust by the adult whose name is ***** ***** account and at 20 it must be released to you if they do not release it to you once you turn 18. If they do not release it to you by the time you turn 20, you can take them to court over it.

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