My family want to establish a trust, my father passed with no will. My mum succeeded him a year later. My dad told me

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Customer: hi Pearl, my name is ***** ***** family want to establish a trust, my father passed with no will. My mum succeeded him a year later. My dad told me before he passed that every thing was to go to my brother, then to our boys. Dad passed in 1997. Dad has an inheritence that was left to him and his brothers once his eldest sister passed away. Can you help me!
JA: Who currently has legal custody?
Customer: legal custody? of what?
JA: The Family Lawyer will be able to walk you through that. What steps have you taken? Has anything been filed in family court?
Customer: no not since the succession hearing in 1998/1999
JA: Anything else you want the Lawyer to know before I connect you?
Customer: yes, my brother passed away 10 years ago, leaving a wife in the US.
Answered by Chris The Lawyer in 17 hours 2 years ago
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

Is this Maori land? You need to apply to the Maori land Court for succession orders if that is the case. If your father left no will, then his interests would pass to his wife, usually as a life interest and then to the family

Customer
no, it's a farm. Mum has already succeeded dad, so we should be ok. With the changes in Trusts coming up is it still feasible to establish a trust or just open an account for the funds?
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Chris The Lawyer, Expert

You can still set up a trust but you need to think about the purpose of the trust, what it needs to do and who will be the trustees and the beneficiaries. The new trust law doesn’t change except principally to require more transparency in the operation and making dispute resolution easier
Customer
ok, thanks Chris. Will have to talk to mum, to see how she would like to proceed
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Chris The Lawyer, Expert

Discuss with the family but perhaps get the family lawyer involved to advise on trusts and advantages and disadvantages
Customer
thanks Chris will do
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Chris The Lawyer, Expert

Thank you for the reply and for using this site. You may ask further questions or rate this answer when you are ready.

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