I message a few minutes ago regarding my KiwiSaver Funds I am having issues with - would you connect me to the page

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Customer: Hi Pearl - I message a few minutes ago regarding my KiwiSaver Funds I am having issues with - would you connect me to the page again please
JA: What state are you in? It matters because laws vary by location.
Customer: Auckland New Zealand
JA: What steps have you taken so far?
Customer: I have applied thru Kaiinga Ora and have been rejected due to them advising that I have over the amount acceptable however the money I have in my 90 account has been left to my sons from my late Mother over 10 years ago
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No I just need some legal advise before I call them again
Answered by Chris The Lawyer in 5 mins 1 year ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer
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Jessica

Jessica

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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

My suggestion is that you should get the will from your mother which leaves the money to them, and show this to the provider, and explained that you are holding the money on trust for your sons. If they are underage (under 18) then that will explain why you have been holding the money for them

Customer
My Mother passed away over 10 years ago and at that time it was a verbal agreement between her three children that we would give each of our children $25K
Customer
Hi Chris I cannot afford to pay that at the moment
Customer
Do I only get to ask one question?
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Chris The Lawyer, Expert

No, keep asking-don't worry about phone call

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Chris The Lawyer, Expert

You may need to get something like a statutory declaration from your siblings about the arrangement for the trust. I assume you have $25,000 in your account which is held on trust for your chiildren, which is causing the problem

Customer
I can get my sister which is my only living sibling to confirm to them - would they have to accept that
Customer
I have my money to invest in a home for myself but I still have my sons money as at the time they were 20 and 17 and my eldest son now resides in Thailand and he left his money in my account incase he needs it or returns to NZ to put towards a home in NZ
Customer
Do you know much at Kaiinga Ora Organisation as they are so very hard to deal with
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Chris The Lawyer, Expert

You should ask the lawyer who is helping you with the home purchase and the lending to help prepare a statutory declaration which sets out the trusts on which you hold money. Your sister could confirm that

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