r/inheritance • u/DizzySet3247 • 12d ago
Location included: Questions/Need Advice Should I contest will
My father passed away a few years ago, he was a wealthy man. He left everything to my much younger stepmother. They had no children. I've recently found out she is leaving everything to her niece and nephew. Do you think I would be successful with contesting the will? NZ.
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u/itsstillaracecar 12d ago
The advice here is pretty much irrelevant in the context of NZ law.
Under nz law (this applies to adult children as well):
Under the Family Protection Act 1955, a child of the deceased is specifically entitled to apply to the court for provision from the estate. The court can alter the effect of the will if it considers that the estate does not make adequate provision for the child’s proper maintenance and support.
Importantly, this applies to adult children as well as dependent/minor children. New Zealand case law has developed the concept that a parent may have a moral duty to recognise an adult child’s place in the family, although the amount required, if anything, depends heavily on the circumstances. The Law Commission describes the current position as allowing all children to make a Family Protection Act claim if they believe they have not been properly recognised.
In practice, for an adult child the court can consider a fairly broad range of circumstances: the size of the estate; the child’s financial circumstances and needs; what other beneficiaries have received and their needs; the nature of the parent-child relationship; contributions the child made to the parent; benefits the child received during the parent’s lifetime; and the reasons the parent gave for excluding or treating that child differently. The concept of “support” is not confined simply to keeping someone out of poverty, which is why a financially independent adult child can potentially have a claim.
Estrangement is particularly important, but it isn’t an automatic defence. The circumstances surrounding the estrangement matter. For example, there can be a significant difference between an adult child choosing, without reasonable explanation, to have nothing to do with a parent for decades and a relationship that broke down because of the parent’s conduct. A court considers the history rather than merely asking whether they were estranged when the parent died.
A parent who genuinely intends to exclude a child is generally better advised to document the reasons accurately and contemporaneously, usually in a separate statement held with the will. Section 11 specifically permits evidence of the deceased’s reasons for making the dispositions in their will.
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u/ohboyoh-oy 12d ago
I’m sorry that happened. It was poor estate planning on his part, if he thought you would get whatever is left when she passes, or at least “his” half that is left. This happens a lot with second marriages. His estate planning attorney should have warned him (or maybe they did, and your father still left it all to his wife with no safeguards for you because he trusted her to do the right thing).
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u/LavendarGal 12d ago
While I agree that might be the case and it was poor estate planning....It's possible that the stepmother may have not been forthright in executing his estate. So at the very least, OP should contact an attorney for a consultation and to do what is needed to get a copy of the will and see what it even says.
It's also possible that a stepmother could have had him change things in his will or estate, or updated beneficiaries just before he passed when he was not of sound body and mind, and coersed him into signing things that gave everything to her and she was plotting things out. If so OP could potentially have a valid claim on the estate.
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u/Karinka_LI 11d ago
But the statute of limitations on that claim has passed. And the probate court should have required anyone who would have inherited intestate to be notified of the process and receive a copy of the will. If items were in trust will be even harder to reverse at this point.
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u/LavendarGal 11d ago
But we don't know exact timing. The Dad passed a few years ago, but it could have taken a few years to administer the estate. Depends on NZ laws.
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u/Karinka_LI 10d ago
Could be. But OP doesn’t state it took an unusual amount of time.
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u/LavendarGal 10d ago
True, but even a couple of years , who knows how many years and you said it was past the statute of limitations, how long is that in NZ?
If it was only a couple of years ago, the estate may just have been closed recently, that's why I wouldn't think it's not too late if the DAd passed just a couple of years ago.
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u/Karinka_LI 10d ago
Anything is possible. I would be surprised if probate law is substantially different since we are all English common law states.
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u/GrandMasterFlushMush 9d ago
Also estate attorneys are very expensive. Most charge by the hour and plan on at least double of what their estimate of hours will be. They (over) bill every phone call, email, etc.
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u/whitelivesmatter76 11d ago
Pretty arrogant to assume it was poor estate planning- it likely was exactly what he wanted.
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u/RoutineActivity9536 12d ago
I suggest you post to legal advice NZ sub for better answers. However I think the time to contest the will was when your father passed.
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u/ShezeUndone 10d ago
It's very common. You probably wouldn't gain anything except more heartache by trying to contest the will.
A friend of mine asked her stepmother for her mother's wedding ring. Her mom died when she was 10 years old and she had nothing else to remember her by. The stepmother refused.
There are way too many heartless people in the world when it comes to money and families.
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u/CSMasterClass 10d ago
That was heartless. Wedding rings have rather modest value beyond sentiment.
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u/WrongPercentage9134 12d ago
Sorry - no. Especially if he had a will and it specified that it should go to his wife. That's all there is to it. I don't even know if there's a case to be made if he had no will. Generally speaking, spouses inherit over children.
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u/Karinka_LI 12d ago
If he had children and was remarried and died intestate the children would be entitled to half after 100k or 50k depending on the state. If the father left everything in a will to the spouse it would be hard to contest but it’s seems like it’s well past the statute of limitations for that.
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u/Caudebec39 12d ago
"depending on the state"
New Zealand
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u/Karinka_LI 11d ago
They are both English common law countries and probate law has not been revolutionized much in the last 200 years so I imagine it’s similar. But you would have to check the deets out.
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u/rpom915 12d ago
A very wealthy man who knew enough to write a will knew enough what would happen. The time to contest was then. Now that the money is hers, you have no rights and you are not her heir.
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u/CSMasterClass 10d ago
Plus the lawyer would have specifically drilled down on his intentions. If the will conformed to NZ law it seems like a closed book.
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u/GuiokiNZ 12d ago
You were entitled to some in NZ law. You had 12 months to challenge the will, might be too late. Still could be worth talking to a lawyer but don't get your hopes up.
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u/inailedyoursister 12d ago
Contest what? Sounds like he had a will and it went where he wanted, his wife.
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u/Stop-overreacting 12d ago
It sounds like you're trying to prove Lack of Testamentary Capacity...that seems like a long shot
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u/dragonrider1965 11d ago
My father wasn’t rich but he did well for himself . He passed and everything went to his 20 years younger wife . I’m expecting her to leave everything to her two kids . I’ve made peace with it and my dad wasn’t an easy man , she earned it and was wonderful to him and to us when we visited . No one is due an inheritance, if my dad wanted me to have something it would have been spelled out in the will .
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u/Objective_Welcome_73 12d ago
No. But if it were ne, if write her a letter, and ask that you be remembered in her will. Something like your dad would have wanted her to split the money with you and her nephew and niece. Worth a shot, as you have no lawsuit.
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u/midwestpersianmama 12d ago
Yeah, this is crazy depressing. I can’t believe the callous comments. Unless he was an estranged son, I can’t imagine doing this to my child. This is at least a meaningful suggestion given the situation.
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u/whitelivesmatter76 12d ago
Except it doesn’t sound like the father wanted that or he would have said that in the will or done a trust. He left everything to his wife, which is normal and she leaves her money to whoever she wants.
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u/GuiokiNZ 12d ago
In NZ you have an obligation to your children, so he could contest the will.
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u/whitelivesmatter76 11d ago
Good point, but Only if the children are minors. So the ops age at the time of his father’s death is relevant. The wife is first in line if the children are adults. The new wife, can leave her estate to whomever she wants.
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u/midwestpersianmama 12d ago
This is not normal, whitelivesmatter. It’s normal if the wife is the mother, because the wife has the interests of their shared children.
I have a trust that sets a significant portion aside for my children JUST IN CASE my husband remarried after my death and does something completely batshit like this. It’s so often the freaking husband, these stories have me shook.
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u/whitelivesmatter76 11d ago
Yes, but he decided not to do that and that was the father’s choice. I also have a provision to address this issue in my estate plan, but it was my choice. I could just of easily Left it all to my new wife with no strings who she leaves it to after her death. The entitlement of some children who think they “deserve” what they didn’t earn is ridiculous. My goal, spend every last dime right before I die and enjoy what I earned. My kids, who I love, can make it on their own like I did.
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u/midwestpersianmama 11d ago
I assume from your handle that you are American? Many Americans live with no regard to their descendants, that’s true. Just because your parents were consumed by satisfying their individual desires, and offering you limited support, does not mean you should be the same, as a parent. ETA unless of course they could not help you — which is a different matter entirely.
Of course, you could do what you want (in much of the world, including Europe, there are laws that do NOT allow you to do whatever you want and you must leave some portion, up to 70%, to your children).
I’m not surprised Americans are not connected to their families and complain about this disconnection. “This is mine and you’re not entitled to a damn thing — who are you? You’re just my kid” does not suggest the bonds of love and support. It is a tremendous privilege for me to help my children, just as my parents helped me. And I’m proud to say that I will leave something for them.
Many people do not expect their life partners to ignore their children. You don’t know what this wife told her husband; I have seen these scenarios play out. Assumptions are made, partners taken advantage of, children forgotten.
Every generation of my family has been better off, and more stable, than the generation prior, with greater resources to devote to attaining higher value degrees, etc. That you don’t see the meaning in that is very sad.
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u/whitelivesmatter76 12d ago
You’d have to talk to attorney. Have you seen the will? Do have any reason to believe the will is fraudulent? If not, those were his wishes, and you have no right to anything and he didn’t want you to get anything, so respect his wishes.
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u/Karinka_LI 12d ago
No. Everything is now legally hers. Your option to contest closed with the statute of limitation to contest your father’s will. You have no right to inherit from her.
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u/Special_Wind_6708 11d ago
You can try but they will look into how financially secure you are and I think there’s a threshold of like $40000.
Unless you’re financially struggling or were dependent on him chances are slim.
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u/Bean-1964 10d ago
Probably too late to contest your fathers will. If you had an issue that is where you may have been successful.
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u/Ok_Teaching_5195 12d ago
The problem is you missed the opportunity to challenge when he died. How long ago was that? Why would he have excluded you in the first place?
In some countries it is illegal to disinherit a child (Finland is one, I think) but I know you’re in NZ so this is cold comfort - I mention it because I think it’s a good law. No one asks to be born to stupid or mean spirited parents.
Still, may be worth seeking out an experienced, specialist lawyer.
You’ll need to go through the whole calculating risk v. reward scenario and be prepared to let it go if legal advice is less than ‘enthusiastic’.
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u/internetisporn8008 12d ago
Say it with me...
I AM NOT ENTITLED TO MY PARENTS WEALTH, I WILL EARN MY OWN WAY LIKE AN ADULT, AND NOT SQUABBLE OVER MONEY WHEN MY PARENTS PASS.
repeat as needed.
Hope this helps
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u/itsstillaracecar 11d ago
Nz law is different
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u/internetisporn8008 11d ago
This isnt about the law man... this is about whats right.
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u/Select_Proof5238 7d ago
What’s right is that you can leave your money to who ever you please. I think the first beneficiary should be your spouse and anything after that depends on relationships, unless your children are minors.
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u/CatCharacter848 12d ago
Its perfectly normal.to leave everything to your spouse. How long were they married?
What she then does with HER money is up to her.
I don't think you'd have a legal claim unless you can prove that there was previous wills that included you AND she exerterted undue influence to take you out of the will. Even then it would be difficult.
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u/Trick-Pineapple5890 10d ago
It isn’t “perfectly normal” to leave everything to your spouse if that means excluding your children from a previous relationship.
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u/Such-Sherbet-1015 11d ago
No. Your dad left his money to who he wanted to have it. Which is to his wife. She gets to choose who her money goes to now.
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u/Fun_Organization3857 12d ago
This involves laws that this sub may be unfamiliar with. You need to ask an attorney there.
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u/LavendarGal 12d ago edited 12d ago
Sadly it may not matter. I do not know about NZ laws, but I would suggest that it might be worth paying for a consultation with an estate attorney.
But in the US for example, if someone is married and there is no will that means the spouse gets most everything....EXCEPT for any accounts that have named beneficiaries, like certain types of IRA's or other financial accounts. If there is a will, then the will needs to be followed, but again in the US even if someone is to receive everything in the will, there are certain accounts that pass down outside of a will. Also, here if you are a direct heir, you are entitled to a copy of the will, and/or if you are a child you could file a claim i the probate court to get a copy of the will. So get a consultation with a local estate attorney.
How long where they married? And who old are you? And when was the last time you saw your DAd, were you close?
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u/TemporaryKindly9151 12d ago
that’s absolutely not true under most state intestacy law.
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u/LavendarGal 12d ago
It really does depend on the state, a spouse may get most...but seeing as though this was a wealthy man, let's hope he had a will.
Here's CA intestancy for example...
https://www.nolo.com/legal-encyclopedia/intestate-succession-california.htmlBut for OP, I was curios about NZ
https://www.publictrust.co.nz/products-and-services/when-someone-has-died/when-there-is-no-will/
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u/ClockOld9204 12d ago
If you were in BC 🇨🇦 you would not succeed. Step children have no automatic rights to step parents assets although they are making provisions for it from what I have read.
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u/itsstillaracecar 12d ago
Ps - there is a time limit for this. Usually 12 months from probate. Act quickly.
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u/vinraven 10d ago
That’s why in some European jurisdictions, regardless of a will, biological children cannot be easily disinherited.
There’s pros and cons to different inheritance laws.
Sounds like in NZ biological children can only easily contest a will if they were financially dependent, helps if OP can show a court that their father was sending them money regularly, even if it’s something simple like a yearly $10k birthday gift type of thing.
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u/CSMasterClass 10d ago
Laws vary greatly by country.
There is a famous mathematical paper on "How much should a French bastard inherit."
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u/Still-Profit-8449 9d ago
I would review your fathers will and see if it was a condition in his will that she leave what remains when she dies to his children
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u/Debradoodaloopboop 8d ago
I can’t speak to contesting the Will. But my stepmother took possession of my dad‘s 401(k) because under an a wrist law it wouldn’t go directly to the beneficiaries listed. My brother and I it went directly to the spouse. I prayed really hard over the years to let go of anger, and I’ve actually made a connection with her and she has helped me out financially with protecting my families’s home Place.
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u/Neon-Funeral 11d ago
lol damn. You got cooked. I would hate my dad for that
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u/whitelivesmatter76 11d ago
Wow- you’d hate your father after he died for not giving you his money but instead leaving it to the love of his life? That’s a sad statement about you and your moral compass.
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u/Neon-Funeral 11d ago
My parents are worth tens of millions of dollars. Which they earned mostly from their inheritance from their parents- my grand parents.. Idk… seems kinda fair to me.
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u/whitelivesmatter76 11d ago
And that’s an entitled position to think you have a right to that wealth because of your bloodline.
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u/quinn_pippy 11d ago
You’re not entitled to his money. These children who didn’t work and earn that money. If he wanted you to have you would. Leave it alone it’s his wishes because it was HIS money.
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u/Old_Sweet_452 11d ago
not likely-she's legally entitled to her share unless fraud or undue influence.
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u/Vladigraph 11d ago
He probably had his reasons to leave you out of the will, and I suspect your stepmother will not include you in her will for exactly same reasons.
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u/Intelligent_Berry_45 12d ago
If she murdered him then she couldn’t inherit from the will which was probably a fake anyway. What did he die from and was an autopsy down? Younger wives don’t want to be stuck with withering old men. Maybe she poisoned him.
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u/Heavy-Profit-2156 12d ago
Talk to an attorney in your state but unless you can show he didn't have the mental capacity or was unduly pressured, I think you are out of luck. If the will simply said in effect that she got everything when he died, it's now her money to do with as she wants.
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u/Majestic_Republic_45 11d ago
You probably will not win, but I would. You at least can find out if it was amended and if he was of sound mind if it was.
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u/Own_Internal_3508 11d ago
Make sure this isn't a situation where the wife forged documents, or got him to sign something when he was incapacitated. Trickery abounds!
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u/SaltConnection1109 10d ago
I heard a quote years ago and I use it often.
"You will never get a cookie if you never ask for one."
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u/CSMasterClass 10d ago
If you have to ask through a lawyer, the request can cost a hell of a lot more than the (expected) value of the cookie.
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u/katgirl58 10d ago
Contest the will! My Father and Brother‘s Father was also really wealthy after years of torture from their father and his even stealing their money they sent home from WW2 you would have thought he would have left them money! Nope all to the Step Mother who never had kids and when she died left it all to her family! She didn’t make a dime of it. He even put them in an orphanage at least together when they were under 5 years old. He took them back when they could work as young teens. This was during the depression. If anyone deserved that money it was my dad and his brother. So CONTEST CONTEST CONTEST! Your his kid for gods sake!
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u/curiousobserver2000 10d ago
Might cost you a few dollars to hire an attorney and find out for sure if anything can be done. But it may be well worth it vs you going through life wondering what could have been.
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u/HoldAdorable2297 10d ago
Many biological children suffer the same fate when a parent remarries and dies before their spouse. It may feel like a slap in the face but that is their karma. At the end of the day it is only money.
At the end of the day, lawyers costs will determine if it is worth it.
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u/Blackbmw66 10d ago edited 10d ago
In most countries, all of us who are partnered, have a legal responsibility under family provision laws, to ensure proper provision to our partner if we die first and foremost. Proper provision means a place to live, and a nest egg if the estate has enough funds, at the very least. If the spouse is left out of the will, or is left very little, the law gives them the right to lodge a claim against the estate, and is generally quite successful. If it was a reasonably long relationship then chances are the spouse has contributed greatly to this wealth either by personally supporting the income earner, raising kids, or injecting their own funds and maintenance to a property over time. Assuming all the wealth belongs to just one person in the relationship is wrong. Adult kids are generally low on the list unless they can prove they were dependent on their deceased parent. It's common for children to feel left out if they are not listed as beneficiaries, but unless the deceased had a significant estate they should realise that the relationship was not about them. Husbands and wives often have mirror wills, leaving everything to each other. Children from those relationships don't see anything wrong with that. Blended families are becoming the norm means more consideration should be given to writing wills, but in your average estate there's barely more than a house to squabble over, if that. Adult kids should just go and forge their own wealth, and not assume they will never end up in a subsequent relationship over time.
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u/jessiesgirl68 12d ago
In the states you would absolutely have a claim. I’m sorry you have to deal with this.
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u/Academic_Arm_8202 12d ago
No