Q: My wife and I have been going to counselling as our relationship hasn\u2019t been going well for some time. I don\u2019t know if we are going to separate or not, but I am about to receive $275,000 from my mother\u2019s estate and I want to be able to keep this if we were to separate. What can I do?<\/p>\n
A: Under the Property (Relationships) Act 1976 the property you and your wife own is classified as either separate or relationship property. Generally, your relationship property will be divided 50:50 and you each get to keep 100% of your respective separate property.<\/p>\n
The best thing you can do to protect your inheritance is to open a new bank account and have the inheritance paid into that account.<\/p>\n
No other transfers should be made into the account to ensure there is no intermingling with any relationship property funds, and it is important to be aware that any money you transfer out of that account or spend could lose its separate property status.<\/p>\n
See the full column here.<\/a><\/p>\n Q: I am one of eight children. My mother died about five years ago and recently my father died.<\/p>\n I was horrified to learn that I was left out of the will. My father had also promised me I would get his Rolex watch, but this was not part of the will.<\/p>\n I have spent some time living in Australia in the past 10 years but I\u2019m now back in New Zealand. Because of this I hadn\u2019t seen much of my mother and the family.<\/p>\n We are not on speaking terms. I have contacted the executor of the estate, and they are refusing to give me the watch.<\/p>\n What are my options?<\/p>\n I would prefer not to go through the court system if possible.<\/p>\n I am a beneficiary, and I have no money to spend on lawyers. Do I need to see a lawyer or someone else to press for my entitlement?<\/p>\n A: There is testamentary freedom in New Zealand which allows for some autonomy of how an individual disposes of their assets, but it is open to possible claims under the Family Protection Act.<\/p>\n There may be a moral duty to other beneficiaries who are either left out of the will or provided for modestly.<\/p>\n Because you have been left out of the will, I understand that you have strong feelings to seek a claim. I would advise you to seek not only a claim for your share but also to recover your legal fees.<\/p>\n See the full column here.<\/a><\/p>\n Q: My husband and I have gone through a nasty break-up. We have been separated now for two months and communication has been a problem. My ex won\u2019t discuss anything with me and now he has gone as far as blocking my number and social media accounts so I cannot message him. There are things we need to discuss about our kids and our property, I do not even know what assets we own as he controlled our finances. How am I meant to move on when he is ghosting me?<\/p>\n A: Communication is a common issue between separating parties. In many cases communication becomes toxic and in others, such as yours, the issue is a lack of communication. This can be frustrating, particularly when children are involved.<\/p>\n When it comes to dividing your property, you do not necessarily have to discuss these matters directly with your ex. Whether you resolve a division of your property via agreement or through the court, you will need to instruct a lawyer at some stage. You cannot sign a valid relationship property agreement without receiving advice.<\/p>\nNavigating claims after being left out of a will is complicated. Photo \/ 123rf<\/p>\n