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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22977
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have a sister who has been in a relationship for over 30

Customer Question

I have a sister who has been in a relationship for over 30 years and have one child together,
JA: What state are you in? It matters because laws vary by location.
Customer: new zealand
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes, she has come to the end of the relationship, for years he has said she is not entitled to anything but she has contributed to the property, he also wont show her a copy of his will. There are a lot of deception on his behalf. I just need some advice so I can help her move forward.
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.

Your sister will be entitled to a claim to half of all of the relationship property. This will include any house, holiday home, Kiwi Saver or other superannuation, motor vehicles, household effects and other savings. Even if the title to the property is not in her name, the Property Relationships Act gives her this entitlement. She can arrange to place a notice on the title in the meantime, and if necessary bring a claim in the family court to divide the property. Even if he has excluded her from the will, she can still make a claim under the Property Relationships Act against his estate for her half share. People often say things like this when the separation takes place, but he will get advice from his own lawyer that she is entitled to a 1/2 share, and there is little which he can do about this

Customer: replied 10 months ago.
How should I start this process? She is on very limited funds, I am also worried that when she had a near death experience a number of years ago he got her to sign something and she is not sure what it was.
Expert:  Chris The Lawyer replied 10 months ago.

The only way to contract out of a property claim is to have a relationship property agreement where each party has independently taken advice from their own lawyer. Even if she signed something which he gave her, this would not be valid unless it was an independently prepared agreement where she had her own legal advice