Legal Question in Wills and Trusts in New Zealand (Aotearoa)

My son who is of legal age, is in the process of separation with his wife of 6 years. They have two children under 12 years old. The property they were living before the separation is on Trust that I set up together with my wife (she is deseased for almost a year now). If I died before their divorce become final, can my estranged daughter in law get half of what my son will inherit from my estate? She and my son are listed beneficiaries of the Trust. Can I remove her name from the Trust Deed to protect my son's inheritance in the future? His wife is now living with her new boyfriend and is planning on getting 50% of the value of the property. Does she have the right to 50% of the value of the property as settlement knowing it is under the Trust name? Thank you for your advice in advance.


Asked on 10/21/10, 7:30 pm

1 Answer from Attorneys
Simon Laurent LaurentLaw Barristers & Solicitors

It is not possible to answer this question without seeing the contents of the Trust Deed. We strongly advise you to get paid legal advice from a solicitor in order to work out everybody's rights under the Trust.

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Answered on 10/21/10, 7:43 pm


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