Maia Adams

Qualifications

LLB, University of Waikato 2025

Contact

DDI: +64 3 266 0124
M: +64 21 245 1028
E: maia.adams@hobec.co.nz

Maia Adams is a Law Clerk in the Succession and Estates team.

Maia joined Holland Beckett as a Practice Assistant in 2022 and has since worked in various administrative roles throughout the firm whilst completing her studies at the University of Waikato. Maia has a keen interest in estate planning, trust and estate administration, and semi-contentious estates. She works closely with Rebecca Steens on complex estate and trust matters and supports Holland Beckett’s independent trusteeships on a number of estates.

Outside of work Maia enjoys creative pursuits, reading and spending time with her whānau.

Maia Adams's Expertise

Estate Administration

Trusts, Asset Protection & Estate Planning

Maia Adams's News & Resources

Can I Disinherit My Children?

Many people assume that writing a Will gives them absolute control over who receives their property when they die. While that’s largely true in principle, New Zealand law imposes limits on testamentary freedom - particularly when it comes to children and other close family members. If you are thinking about leaving a child out of your Will, it is important to understand what the law allows, what risks you may be taking and how you can best structure your estate planning to achieve what you want. What does it mean to disinherit a child? Disinheriting a child means deliberately choosing to exclude them from your Will - leaving them nothing, or only a token gift, in favour of other beneficiaries such as a spouse, a charity, or another child. This might be because of estrangement, past conflicts, financial independence, or other personal reasons. Can I disinherit my children? Yes, you are allowed to make a Will that leaves your assets to whoever you choose. However, that decision can be challenged after your death if the law finds that you failed to meet your obligations to your children. In New Zealand, the key legislation that allows Wills to be challenged is the Family Protection Act 1955 (FPA). What is the Family Protection Act 1955? The FPA gives certain family members - including children of any age - the right to challenge a Will if they believe the deceased failed to make adequate provision for their proper maintenance and support. This does not mean children are automatically entitled to a share of your estate. However, it does mean that if you exclude them, a Court will consider whether that exclusion was appropriate, given the circumstances. Who can claim under the FPA? Spouses and civil union partners De facto partners Children (including adult children) Grandchildren (if their parent is deceased) Stepchildren (in some cases) Parents (only if the deceased left no spouse or children) What will the Court consider? When deciding whether a parent has breached their moral duty to a child, the Court looks at a range of factors: The size of the estate The child’s financial needs and circumstances The relationship between the parent and the child Any contributions the child made to the estate The needs and claims of other beneficiaries Whether the child was supported or gifted during the parent’s lifetime Importantly, being estranged or financially independent does not automatically disqualify a child from succeeding in a claim. If the Court can just step in, then does disinheritance ever succeed? Yes - there are cases where disinheritance has been upheld by the Courts, particularly where: The child is financially well-off, and the estate is modest The relationship was seriously broken, and the parent had good reasons for exclusion The parent has clear documentation explaining the decision Other beneficiaries (e.g. a surviving partner or dependent child) have stronger moral claims But there are also many cases where Courts have re-allocated estates, awarding disinherited children a portion of the assets because the parent’s Will failed to meet their legal duties. What about Trusts or gifting assets before death? Some people try to avoid FPA claims by transferring assets into Trusts or giving them away before death. These strategies can work - but they come with risks: If challenged, they may trigger litigation under other laws (e.g. the Property (Relationships) Act 1976 or Law Reform (Testamentary Promises) Act 1949) Trusts must be carefully structured to avoid sham arrangements It is essential to get advice before taking these steps, as poorly executed strategies can lead to costly and protracted disputes. Get advice If you are considering disinheriting a child, you are best to get advice from a lawyer specialist in this area. Best practice in this situation would include the following steps: Clearly record your reasons in a written memorandum to be stored with your Will Consider leaving a modest legacy to the child to reduce the likelihood of a claim Avoid emotional or vague explanations - focus on objective factors Ensure your Will is up-to-date and properly witnessed