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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22962
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am 58 years and have one full sister who is 55. My father,

Customer Question

my name is***** am 58 years and have one full sister who is 55. My father, James halliday died in 2004, he divorced from my mother in the mid 1960's and remarried to Gwen. They did not have any children. Gwen currently lives by her self in a house in Auckland. While he was alive, he was a successful businessman. Although he came to my wedding in Wellington in 1987, I have a little contact with him.
1. Can we (sister and I) claim any of his estate.
2. As they had no children, when Gwen Dies, can we claim part of the estate.
3. If so, Do we put anything in place.
4. What is our best course of action.
4. We both live in Australia.
thanks for your help in this matter.
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

Unfortunately you should have claimed against his estate in 2004, in the time period of 12 months after robate of his will was granted. So you are too late to make a claim by many years. You do not have any claim against a step parent unless you were with her as a child. The Family Protection Act would not make any provision for a claim by step children against her. So unfortunately, unless there is provision in her will, you cannot make a claim against her estate