New Zealand Law

Have New Zealand Law Questions? Ask a Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

New Zealand Law

We would like to know if we have grounds to make a

Customer Question
complaint.My father passed away last...
We would like to know if we have grounds to make a complaint.My father passed away last October. He had made a will leaving his estate to my sister and I. He stated in his will that he would list any items in a notebook that he wanted to give to anyone else. My father had been in a relationship with his partner for 13 years. In 2005 he and his partner signed a Contracting Out Agreement (prepared by the firm that we have concerns with). The Contracting Out Agreement states that each party's property would remain their own and neither would have any claim on the other’s. My father named a close friend to both himself and his partner as Executor.My father made no mention of his partner in his will. He also did not list any gifts to her in his notebook.Probate was granted over 6 months ago. We were advised that we could collect items from my father’s partner’s residence. No claim had been made against the will.With no discussion, my father’s partner has decided to keep a number of items that belonged to my father and may have given away some of his belongings.We met with the solicitor for the estate on another matter and asked if my father’s partner was able to retain items from the estate. The solicitor told us that as they were Solicitors for Dad’s partner, they could not give us any advice.The Executor has refused to assist us in settling this matter and has clearly sided with Dad’s partner and has become verbally abusive. He has also indicated that the Solicitor for the estate has taken Dad’s partner’s side and advised him that the Contracting Out Agreement was invalid as it had not been updated. He also made it clear that the estate would be charged for a meeting between himself and the Solicitor for the estate (over $700).We have received a letter from the solicitor asking us to make a list of items that we would like to remove from the property.We believe that there is a conflict of interest. Do we have grounds for making a complaint.
Submitted: 1 year ago.Category: New Zealand Law
Show More
Show Less
Ask Your Own New Zealand Law Question
Answered in 3 minutes by:
7/26/2016
Solicitor: Chris The Lawyer, Lawyer replied 1 year ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,173
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified

From your description there does appear to be a conflict of interest. The solicitors cannot act for the estate and also for the partner who survived him, if there is any issue in relation to a conflict of interest between the two. The contracting out agreement will stand because there is no expiry date. Your father's partner may however have a claim against the estate subject to the contracting out agreement. This again illustrates why there is a conflict of interest. You can make a complaint to the lawyers complaint service and you can find the link for doing so here:-

Ask Your Own New Zealand Law Question
Solicitor: Chris The Lawyer, Lawyer replied 1 year ago
Ask Your Own New Zealand Law Question
Customer reply replied 1 year ago
thank you. I asked the solicitor if they were still acting on behalf of dad's partner as stated in the meeting. They replied that they were not in this matter. To me it's still a conflict of interest. Is that correct?
Solicitor: Chris The Lawyer, Lawyer replied 1 year ago

If they acted for the estate, I am not sure they ever were able to act for your father's partner. The best practice in this situation would be to send away both the estate files and the partners files to alternative lawyers. If they acted for both together initially there would be grounds for a complaint. Sending the partners file away is the correct course, although your reply implies that the firm may act for her on other matters, other than any potential claim against the estate.

Ask Your Own New Zealand Law Question
Solicitor: Chris The Lawyer, Lawyer replied 1 year ago

The executor may also have a problem although removal of an executor of an estate is a more difficult exercise. He must act impartially whatever his views on the situation, but he cannot charge as an executor for the time he spends on this, unless there is a specific clause in the will which entitles him to charge.

Ask Your Own New Zealand Law Question
Customer reply replied 1 year ago
she has been their client for a number of years I believe. She has not made a claim against the estate formally. She is refusing to hand over items that are listed in the contracting out agreement. Even though there is no formal claim, it still feels like a conflict of interest.
Solicitor: Chris The Lawyer, Lawyer replied 1 year ago

It is a conflict of interest if she is acting contrary to the specific wishes of your father

Ask Your Own New Zealand Law Question
Customer reply replied 1 year ago
the executor is not charging for his time, the solicitor is apparently charging the estate for time spent in meetings with the executor
Solicitor: Chris The Lawyer, Lawyer replied 1 year ago

I would have thought that an issue like this is clear since your father made his wishes expressly known. The executor should be getting on with the distribution of the specific items and administration of the estate rather than getting into the issues of whether the contracting out agreement is up-to-date. So you may want to suggest to the estate solicitors that you will be looking at their bill of costs very carefully to ensure that only estate administration is charged, and that issues where the executor feels personally involved, are billed to him direct. The lawyers bill of costs can be revised by the Law Society if necessary

Ask Your Own New Zealand Law Question
Customer reply replied 1 year ago
Thank you
Solicitor: Chris The Lawyer, Lawyer replied 1 year ago

Glad to help, you can rate when you are ready

Ask Your Own New Zealand Law Question
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23,173
23,173 Satisfied Customers
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

Chris The Lawyer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Chris The Lawyer

Chris The Lawyer

Lawyer

23,173 satisfied customers

38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

serish khan

serish khan

Lawyer

52 satisfied customers

Solicitor/Partner at Khan & Associates

LawNZ

LawNZ

Other

31 satisfied customers

Trusted advisor to businesses and individuals on company, consumer, employment, IP, and trusts issues, among others.

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,260 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,429 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

< Previous | Next >

Related New Zealand Law Questions
We are moving outside the region in which my ex husband
We are moving outside the region in which my ex husband lives. He has refused to allow me to take our daughter with us. I have been her primary care giver since birth. She is 12 and doesn't not wish t… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers
Ms., I am currently on Saipan, Commonwealth of northern
I am currently on Saipan, Commonwealth of northern Mariana Island … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers
I'm married until 1/12/16. Rotorua. Not yet. Not just my
Hi I'm married until 1/12/16 JA: Family law varies by state. What state are you in? Customer: Rotorua JA: Have you talked to a lawyer yet? Customer: Not yet JA: Anything else you want the lawyer to kn… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers
I bought shares threw cathay Du pont 38000 NZ $ .I told them
I bought shares threw cathay Du pont 38000 NZ $ .I told them to sell them … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers
If a Charitable Trust passed a Variation of Rules" at an AGM
If a Charitable Trust passed a Variation of Rules" at an AGM but failed to notify the Charities Register as required under the Charities Act 2005 Clause 40, what is the legal status?… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers
Can you be taken back to court for a debt that occurred
Can you be taken back to court for a debt that occurred before you where bankrupted … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers
I just need help properly understanding a Deed of
I just need help properly understanding a Deed of settlement. I have no reason to believe the document is unfair. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers
I am trying to find a lawyer in. Sorry i live in NZ and need
sorry i live in NZ and need a lawyer in UK to represent me in a litigation case involving 2 loans made a cousin of approx $11,000 which he has not paid or tried to pay back … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers
I got a residence visa based on job offer along with my
i got a residence visa based on job offer along with my family . when arrived NZ , the employer advised they are downsizing and i will not be able to take the job . as a condition written on the visa … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers
Looking for a mental health lawyer in whangarei, can you put
looking for a mental health lawyer in whangarei, can you put me in the write direction or recommend one. thank you. … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers
I have a question in regard to properly law. I am the back
Hi there. I have a question in regard to properly law. I am the back unit in a group of three units with a shared driveway. There is a grass area around the back of my house. I was told by the real es… read more
serish khan
serish khan
Lawyer
Bachelor
52 satisfied customers
I would like to know if I can use the word Mopar or Hemi in
Hi I would like to know if I can use the word Mopar or Hemi in a sentence on a t shirt? I:E Super Stock Hemi Factory Lightweight … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers
I am querying the term 'Residential' in a cross lease
I am querying the term 'Residential' in a cross lease agreement. The other leseee is using the property 52 weeks a year on Airbnb. To me this would be a commericial business. The cross lease also stat… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers
In 2005 we bought a house and, to save possible IHT as in UK
In 2005 we bought a house and, to save possible IHT as in UK put our daugher's name down as a one-third owner, though no money was involved. If the house is sold does this mean she can claim one third… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers
We have been given 60 days to get out of our rental house.
We have been given 60 days to get out of our rental house. The reason is we are behind in our rent by 4 weeks, unkept lawns, acummulating rubbish, thats all. What can we do about it. The 4 weeks rent … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers
After an excellent meeting with my wife to stop
After an excellent meeting with my wife to stop mediation...I forgot to get information on my daughter s physical address...which I still don't know..how do I get around this?… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers
I purchased a property and there is a pipe that leads from
I purchased a property and there is a pipe that leads from the pool that floods the driveway every time the pipe is used to manage the water level for the pool. Nobody disclosed this with us prior to … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers
I have another question. Just want to ask if it was wrong
Good evening Chris. I have another question. Just want to ask if it was wrong for me on terms of employment law, to request a training school to give me the early bird price for a specific course they… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
23,173 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x