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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22811
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My father is currently in hospital intensive care after a brain

Customer Question

My father is currently in hospital intensive care after a brain tumour op, to remove cancer (started approx 6 years ago in bowel) We fell out 6 months ago over his will ( he said that he is leaving his house ( which is all he has) to his wife (met on internet) that he met approx 4 years ago and married 3years ago. I was not happy.... Anyway I have tonight heard from my uncle and tried to contact my father to apologise, and tell him I loved him. His wife will or give me information or let me see him, and that I am " dead" to them, and I have no father ( to be fair we had a massive argument the last time we saw each other and I said, I never wanted to see him again)! That was 6 months ago....I do not want my father to die withou telling him I love him.... Please help. How do I get around this and how do I plan to contest his will (if he dies). I do not want a family with her while he is alive will set him back, and I just want him to get well. My friend recommended this site....
Submitted: 4 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 4 years ago.

christhelawyer :

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

christhelawyer :

I would suggest 2 different things. The first is to try to go and see him anyway, and avoid seeing the wife, and just dont talk about the property but make your peace if you can. Try to see him without her around.

christhelawyer :

The second is that the Family Protection Act will give you and your family a good claim against the estate

christhelawyer :

This act and its application are settled law, and you will almost certainly overturn the will, although the wife is likely to get half of his estate anyway.

christhelawyer :

So if he dies, you get your lawyer to immediately tell his lawyer that you are making a claim and get the court papers prepared and filed promptly. If they are then given to the wife and the state lawyer this will protect the position until a settlement can be reached or a court rules on this.

JACUSTOMER-se7gnz8z- : I am scared to visit, she insists that he does not want to see me. If he dies, I will be blamed...I do not want to stress him, but apparently he is not doing well....I just for the life of me cannot imagine that my father would want it to end this way, we have always had a very loving and close relationship, he even has lived with me as an adult.
JACUSTOMER-se7gnz8z- : if his will is now probate, I have tried to look wills up on the Internet now toginght, can I begin the ball rolling now to prevent that woman from just spending his money etc while he now terminal
JACUSTOMER-se7gnz8z- : canterminals an you recommend a lawyer in Chch that will help me? Do I need one yet or leave it? Thank you so much for your help.
christhelawyer :

You can take measures to preserve the property if he dies by a freezing order. You could get the papers ready to file as well. Probate is the process of applying to prove his will, after he dies.

JACUSTOMER-se7gnz8z- : Can terminals?.. Wtf?... That is supposed to be.... Can you please recommend!
christhelawyer :

If you keep any visit low key you can just make a quick visit and test the water. If it goes badly at least you tried.

JACUSTOMER-se7gnz8z- : Awesome thank you....I need a lawyer to get the papers ready.
JACUSTOMER-se7gnz8z- : yes, I will visit....low key, I may ring nurse first and get them to ask him I think.
JACUSTOMER-se7gnz8z- : I like the user name.....Chris actually reads as Christ bwahahaha
JACUSTOMER-se7gnz8z- : When you glance at it
JACUSTOMER-se7gnz8z- : howit how much is this claim likely to cost against a real estate worth approx $350,000, is this worth it. We are not wealthy.
christhelawyer :

Costs are usually awarded from the estate, which may help.

christhelawyer :

The usename for me does look a bit pretentious but I didnt think when I chose it! I think you had some predictive spelling- an I pad?

christhelawyer :

Lawyers in Christchurch..some names

JACUSTOMER-se7gnz8z- : Yes...bloody thing!
JACUSTOMER-se7gnz8z- : It's not pretentious, it's funny ironic, because I am sure that if you win, clients you be pretty close!
JACUSTOMER-se7gnz8z- : anywy thanks for info, I' m exhausted ab
christhelawyer :
Mrs Ferne Johnstone Bradley
Malley & Co Lawyers incorporating Mackintosh Bradley & Price - Riccarton Branch
PO Box 8364
Christchurch 8440
03 343 5880
JACUSTOMER-se7gnz8z- : And crying a lot of night, I hope to keep in contact and will be in contact again.... Thanks Chris.
christhelawyer :

And another

JACUSTOMER-se7gnz8z- : :-( my kingdom, for a keyboard
christhelawyer :
Mr John Alexander McRae
Cell Phone:021 127 2310
Preferred Name:John
Cuningham Taylor
PO Box 1003
Christchurch 8140
Cuningham Taylor
Level 1
Unit 7
295 Blenheim Road
Christchurch 8041
03 379 2605
JACUSTOMER-se7gnz8z- : And non predictive text
christhelawyer :

Tell me about it-tonight I am on a keyboard though

JACUSTOMER-se7gnz8z- : Which one? Are you Quakey isle based?
christhelawyer :

No, in Wellington, but I am not allowed to take work from the site

JACUSTOMER-se7gnz8z- : Oh ok, thanks anyway Chris. You have been a tremendous help, and I appreciate it sincerely.
christhelawyer :

Glad to help

JACUSTOMER-se7gnz8z- : Hi Chris,
JACUSTOMER-se7gnz8z- : I do not want to set the cat amongst the pigeons unnecessarily. Am I able to obtain a copy of his will legally to confirm if my father has indeed made no provision for us.
JACUSTOMER-se7gnz8z- : Also I want to confirm if his house is still in his name or has he put it in hers also, as from what I have read this will make things significantly more difficult for me. Is there a way I can find out this?
christhelawyer : You cannot get a copy of the will unless he permits this. After his death and probate is sought for the will, it becomes a public record. You can search the title and check the status however. Your lawyer can do this quickly for you by a phone call to them.

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