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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22981
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Can a disinherited child successfully contest a will when

Customer Question

Can a disinherited child successfully contest a will when the will maker is emphatic about not leaving that child anything
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

The child can claim under the Family protection Act and the test under the act is whether the will maker owed a moral duty to leave something to the child.. In general if the reasons for disinheriting are irrational or unfair then the court will likely make a redistribution of the estate and the child will get something.

Expert:  Chris The Lawyer replied 1 year ago.

It is a little difficult to be more precise without detailed knowledge of the reasons for disinheriting. In general, the courts tend to adjust the distribution where the reasons are not particularly rational. For example, if the child was disinherited because they decided to convert to a different religion, but was otherwise a dutiful child, then the court would likely award something. If however the child was a chronic gambler or drug addict or committed serious crimes, then the court would be less sympathetic.