Family Protection Act


CONTACT

Peter Fuscic | Partner | Auckland Office
09 306 6746 | pfuscic@mcveaghfleming.co.nz

Alissa Bell | Partner | Albany Office
09 966 3606 | abell@mcveaghfleming.co.nz

James Turner | Partner | Albany Office
09 966 3603 | jturner@mcveaghfleming.co.nz

 

Family Protection Act

The Family Protection Act 1955 allows certain classes of people to make an application to the Court if they believe that they have not been properly provided for in the Will of a deceased person. Most often a claim under this Act will be made by the children of the deceased. While the Courts are not at liberty to “re-write” a Will, and will not alter a Will simply because it is not fair, they can amend the terms of the Will where it is found that the deceased has breached his or her “moral duty” to the person bringing the claim. We are able to advise on the likelihood of success of such a claim and provide guidance as to the quantum of any award that may be made.