Can we exclude some of our children from a will?

Question Details: We want to exclude some of our children from a will, how do we do this?

Filed under Wills/Estates | 1998 View(s)

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Answers by Lawyers

Community Law Wellington & Hutt Valley

It is very hard to effectively and completely exclude any of your children from your will. If your will leaves nothing to your children, they could still claim part of your estate through the courts.

If your children think your will does not adequately provide for them, they can apply to the Family Court after your death. The Court will consider whether your will adequately provides for your children's maintenance and support. Then, it can order that your children receive any amount it thinks fit from your estate.

However, the Court can consider why you excluded your children when it decides whether to make an order (and for what amount). We therefore suggest that you put your reasons in writing if you do exclude your children from your will. Your lawyer should be able to help with this when you write your will.

See the section on the Family Protection Act at www.communitylaw.org.nz for more information.

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