‍The Ex-Files: I have been left out of my father’s will what should I do?

Question: I am one of eight children. My mother died about five years ago and recently my father died.

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.

I have spent some time living in Australia in the past 10 years but I’m now back in New Zealand. Because of this I hadn’t seen much of my mother and the family.

We are not on speaking terms. I have contacted the executor of the estate, and they are refusing to give me the watch.

What are my options?

I would prefer not to go through the court system if possible.

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?

Answer:

Fees

Legal fees for your dispute can be significant, particularly when there are a number of parties who have separate lawyers. In this case, there will be a lawyer for the estate, and at least one lawyer for the other beneficiaries.

Legal aid

As you are on a benefit, and presuming your assets are very modest, you would most likely qualify for legal aid through the legal services agency.

There are some lawyers who will take their fees for such a dispute at the end of the case.

Continue reading the NZ Herald Ex-Files article here and learn about the time limits involved in bringing such claims, information on how most claims are resolved and how long the process is likely to take.

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