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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23060
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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After 37years of marriage am I entitled to half the value of

Customer Question

After 37years of marriage am I entitled to half the value of the family home after my husband has passed on ? I am his second wife & have 3 step daughters.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: this is NZ
JA: Has anything been filed or reported?
Customer: He died 5years ago & there is his will
JA: Anything else you want the lawyer to know before I connect you?
Customer: He has a Family trust for his daughters ,which the house is not part of & in his will, I am allowed to stay in it , but it is to be put into the trust if I die .I understood that it was equal under law ?
Submitted: 27 days ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 27 days ago.

Hi

I am a New Zealand lawyer based in Wellington and will help you with your question today

Expert:  Chris The Lawyer replied 27 days ago.

From your description, it appears that you have what is called a life interest in the property, which means that you can stay there until you either move or die. Normally you would be entitled to 1/2 share in your husband's estate, but you would need to make a claim within 12 months of probate being granted for his will, after his death. For some reason, perhaps because you were not told at the time, you have not made a claim, but you would have been entitled to 1/2 share of the property if you had made the claim within the statutory period of 12 months