Property & InheritenceThis is a featured page

Any Age
Can I own land?

You can own land or property at any age.
If you are under 20 this will be noted on the certificate of title to the land.

(ss65, 67 Land Transfer Act 1952; s4 Age of Majority Act 1970)

What if my parent or grandparent dies without leaving me anything in their will or leaving me less than I think fair?
You can make a claim and the court may award you assets or money from the estate. The claim should be made as soon after his or her death as possible. Adopted and step children can also claim.
(s3 Family Protection Act 1955)

UNDER 18
Can the Court appoint a welfare guardian or property manager to look after my interests or my property if I lack the capacity to make sensible decisions or to communicate those decisions?
The general rule is that the Court cannot appoint a welfare guardian for an under 18 year old unless that young person is or has been married. However, there is an exception to this if you have no parent living or no parent in regular contact with you and it is in your best interests to appoint a welfare guardian.
(ss6(2), 12(3) Protection of Personal and Property Rights Act 1988)

AGE 18
How old do I have to be to make a will?
If you are unmarried you generally have to be 18 to make a will saying what you want to happen to your property when you die. You can get special permission from the Family Court to make a will if you are under the age of 18. If you are or have previously been married or in a civil union you can make a will before you are 18 without anyone’s permission.
(s9 Wills Act 2007)

Age 20
Can I be appointed to manage the property of an elderly or disabled relative or friend?

Only when you reach the age of 20.
(s31(3) Protection of Personal and Property Rights Act 1988)

Some money is being held on trust for me – am I entitled to have it paid out to me now?
Yes, trusts established to hold property (e.g. an inheritance or ACC lump sum payment) for a child usually end when the young person reaches the age of 20. At that point the young person becomes “absolutely entitled” to the property held on trust – in other words it can be paid out to them with ‘no strings attached’. Most trusts allow for the trust property (e.g. inheritance or ACC lump sum payment) to be accessed by the child or young person if they need money for their support or to pay for their education or training before they are 20. However, it is important to check the actual ‘deed’, or trust document, to find out what the terms are.




YouthLaw
YouthLaw
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