Legal Question in Wills and Trusts in New Zealand (Aotearoa)
Removing a child from the family trust
My parents set up a family trust 9 years ago. My mother thought that if she died first that my sister and I would be looked after.She died 2 years ago without changing her will my father has now become sole trustee to do as he wishes with whatever is in the trust. I have since become estranged from him and my sister, is he able to remove me as a beneficiary of the trust and also remove me from his will. If so can he do it without me knowing ? My mother told me before she died that she had changed her will because she didnt want him having her money she wanted it to go to me and my sister. I have never been able to locate this will and I think she may not have done it. They had separate bank accounts for ten years before she died and after probate all her money went into the trust, which she thought went to her children and grandchildren not to her husband. Do I have any rights as a beneficiary of the trust with my father and his accountant as trustees?The main problem is can he remove me from the trust or change his will to leave it all to my sister ??
1 Answer from Attorneys
Re: Removing a child from the family trust
If the Trust is a usual family trust then the trustess are free to give whatever assets the Trust has to whoever they like.
You can contest the decisions of the trustees but this probably has to be done through the Courts and could be very expensive.
You have rights under your mother's Will to claim a share of his assets under the Family Protection Act, but this can usually only be done before the final distribution of the estate.
You should engage a lawyer to give you formal legal advice, and find out who was your mother's lawyer to see if she did in fact prepare a new Will.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
