Legal Question in Wills and Trusts in New Zealand (Aotearoa)
Wording of will may disinherit a step-child
I live in New Zealand. My husband died and our two sons are now only referred to in their step-father's will as ''children''. Could this term actually mean only my current husband's natural children and therefore not include his step-children? My current husband is step-father of my children but not guardian - and he has not adopted them. If our assets are divided among our five ''children'' in our will does the term ''our children'' legally refer only to our natural children or will it also include our step-children?
1 Answer from Attorneys
Re: Wording of will may disinherit a step-child
This is a matter of interpretation. It is likely that if the will refers to "my children" this will be read as meaning only your current husband's natural children (unless he doesn't have any). They can, however, apply to the Court to receive out of the will.
It is recommended that you arrange for a solicitor to review the text of the will. Our practice is in Auckland and we can do this.
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