New Zealand Law

Have New Zealand Law Questions? Ask a Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

How are you? I have just learnt that my ex husband set up a…

Hi How are you? ...

Hi How are you?

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

I have just learnt that my ex husband set up a family trust but that didn't include our daughter only the children he had with his current wife, is it legal?

Lawyer's Assistant: Family law varies by state. What state are you in?

I am in NZ

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The family trust has been set up two years ago

Show More
Show Less
Ask Your Own New Zealand Law Question
Answered in 11 minutes by:
3/15/2018
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,857
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

Ask Your Own New Zealand Law Question

He is entitled to set up this trust, but after he dies, your daughter can still make a claim under the Family Protection Act against his estate. Unfortunately if most of his estate is then settled into the family trust this can cause difficulties. It is difficult to claim against the family trust under existing law.

Ask Your Own New Zealand Law Question
Customer reply replied 5 months ago
is there any possible to change the family trust before he dies? for example, forced by law?

As the person who settled the family trust, he can change the class of beneficiaries at any time. But you cannot force this by a legal proceeding. It would be simple for him to change the class of beneficiaries however. All he would need to do is to get the trustees to sign a deed of Amendment.

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,857
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified
Chris The Lawyer and 87 other New Zealand Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
thanks so lot for your answer, it would be difficult for him to change if no one can force him, he and his current wife are trustees and I am sure she definitely doesn't want to sign a deed of Amendment.

It's unfair but sadly not unlawful

Ask Your Own New Zealand Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23,857
23,857 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

23,857 satisfied customers

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

serish khan

serish khan

Lawyer

76 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.

Ely

Ely

Counselor at Law

24,658 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

22,843 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

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

< Previous | Next >

Related New Zealand Law Questions
What are the responsibilities of executors. New Zealand. The
just recently a family member has an intent to purse the will because the intent of what their grandfather left was not clear… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
My father has recently passed away. He had set up a family
My father has recently passed away. He had set up a family trust with my brother, his wife and their children as the beneficiaries of his estate. I, along with my three sisters will not receive any in… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
What can my husband do to have legal guardianship of my 2 daughters
What can my husband do to have legal guardianship of my 2 daughters who he has been a dad to for 14 years, (we are all NZ er's) the girls are 18 & 22 and we are told our 18 year old daughter is not cl… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
I was in a relationship for twelve years my partner broke up
I was in a relationship for twelve years my partner broke up with me and married someone else within a year and a half. The account we had in the UK he had control over and he did not split our financ… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
I was married in November 1988. My wife Suzanne used her family
I was married in November 1988. My wife Suzanne used her family trust as a deposit on our first home. The money was titled a second mortgage at 0% interest and we paid interest only. Over the next 20 … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
Hi, I am living in Australia and my daughter and her partner
Hi, I am living in Australia and my daughter and her partner are planning on moving over with the three boys. However two of my grandchildren are to a previous relationship. My daughters ex is putting… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
I am a US citizen and I have been married to my Kiwi husband
I am a US citizen and I have been married to my Kiwi husband since 1998. He has been a US permanent resident since 2000. In the mid-2000s his ex-wife went to court and had his child support raised to … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
I would like your advice , My step son now aged 30 have accused
I would like your advice , My step son now aged 30 have accused me of child abuse, who was 4 at the time as he mentioned too me , along with other allegations of abuse .I have also a Biological son no… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
Husband and Wife are separated 5 years ago. Husband lives in
Husband and Wife are separated 5 years ago. Husband lives in the house for 3 years and pays all outgoings such as mortgage, rates and insurance. Husband moves out. Wife moves back into the house, Husb… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
Husband has just died, will have freehold house, how much will
Husband has just died, will have freehold house, how much will it cost to set up a family trust, as my husbands part should not be liable for gift duty… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
My ex-husband and I are NZ citizens who resided in Australia
My ex-husband and I are NZ citizens (naturalised while working there in the 1990s) who had resided in Australia for 2 years (due to my employment) before we were separated as the result of a police in… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
THE BACKGROUND FACTS: (1) I was married in New Zealand on
THE BACKGROUND FACTS: (1) I was married in New Zealand on the 17th of February 1970; and (2) I separated from my ex-wife in mid-1975 - approximately 37 years ago. (3) There was one child from the marr… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
I left NZ for Australia last September and prior to leaving
I left NZ for Australia last September and prior to leaving I advised the IRD of the fact. As I was paying child support for child not relating to my previous marriage. I have continue to pay them wha… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
my husband and I have seperated after 12 years of marriage
my husband and I have seperated after 12 years of marriage and we have 2 children aged 10 (boy) and 4 (girl) years of age. They are all NZ citizens of Indian origin. I am currently still holding onto … read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
I am in the process of registering a company which I am Director
I am in the process of registering a company which I am Director & major shareholder of. In the original application, I have applied for my company to start with 1000 shares. This is divided between 1… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
In 1995 I entered into a defacto relationship with a Muslim
In 1995 I entered into a defacto relationship with a Muslim man. I am a Kiwi, he was already a New Zealand citizen but born in Fiji. At the beginning of 1996 I became pregnant and had a boy, October 1… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
Good day. My wife has two daughters with her ex-husband. My
Good day. My wife has two daughter's with her ex-husband. My wife's ex-husband moved to New Zealand a year ago from South Africa. Recently, their 16 year old daughter (who was living with us) was issu… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 satisfied customers
My husband and I have put our family home into a trust. My
My husband and I have put our family home into a trust. My husband made three of his nephews inheritors of the trust for his half of the house, and I have made my son by a previous marriage, and my el… read more
Chris The Lawyer
Chris The Lawyer
Lawyer
Master's Degree
23,857 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