If one of 4 children is left 3/4 of a trust and the other 3 have to share the final 1/4, can the three challenge the

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Customer: If one of 4 children is left 3/4 of a trust and the other 3 have to share the final 1/4, can the three challenge the trust?
JA: Estate laws vary by state. What state are you in?
Customer: N Z
JA: What documents or supporting evidence do you have?
Customer: There is a will and a trust document
JA: Anything else you want the Lawyer to know before I connect you?
Customer: The one recieving the 3/4 is also a trustee of the trust along with the deceased parents' lawyer.
Answered by Chris The Lawyer in 1 min 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

Customer
Anything?
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Chris The Lawyer, Expert

Where there is a trust, it can be very difficult to challenge the dispensation in the trust. If this was a will, in which the legacies were divided as you describe, you can challenge that under the Family Protection Act. It does seem a bit unusual that the trust has not treated you equally, but unless you could show that there was undue influence on your parents, or that this was the exercise of a discretion and there it was a conflict of interest because of his role as a trustee and a decisionmaker, then it would be difficult

Customer
Thank you. I am writing on behalf of a friend who libes in Melbourne. The trust itself is based in Tauranga and the person recieving the 3/4 is my friend. The other three have advised her they are going to court to get an equal share and legal costs awarded to them. My friends theory is that their moter gave her 3/4 and the other three 1/4 to share is because each of them have a partner to help them through life and my friend is on her own.
Customer
I guess the bot***** *****ne is, should she engage legal council herself or let them go for it and see what happens?
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Chris The Lawyer, Expert

It will not be an easy job to overturn a trust decision. But I think she should get her own lawyer rather than let it ride and see what happens. She doesn't really need to be too concerned unless they actually file a court claim. They may just be bluffing for now

Customer
Great thank you for that.
Is this something you could help her with,or would she be better having a solicitor in Tauranga?
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Chris The Lawyer, Expert

I could help, although I am in Wellington and Auckland

Contact www.lahatte.lawyer

Customer
Thanks Stop
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Chris The Lawyer, Expert

I hope this is a useful start

Customer
It has been very informative and I thank you. I will pass this information on to her and get her to follow through.
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