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Private client law in New Zealand focuses on legal matters that affect individuals and families, particularly relating to personal wealth, property, succession, and estate planning. This area of law covers issues such as wills, trusts, estate administration, enduring powers of attorney, retirement planning, and relationship property. Private client lawyers help clients protect their assets, plan for the future, and ensure that their wishes are carried out according to New Zealand law.
You may require a private client lawyer in New Zealand for various reasons, often triggered by significant life events or a need for careful planning. Common situations include:
A lawyer can help you navigate complex legal requirements, resolve disputes, and give you peace of mind that your affairs are in order.
Private client law in New Zealand is governed by several key statutes and legal principles. Notable aspects include:
Because personal and family situations can be complex, and the law can change over time, professional legal advice is highly recommended.
A will is a legal document that sets out your wishes for how your assets are distributed after your death. Having a valid will ensures your estate is managed according to your intentions and can help prevent disputes among your loved ones.
If a person dies without a will, their estate is distributed according to the rules of intestacy set out in the Administration Act 1969. These rules dictate who is entitled to the deceasedโs assets, with a priority order among spouses, civil partners, children, and other relatives.
A trust involves a person (the settlor) transferring assets to trustees, who manage them for the benefit of beneficiaries. Trusts are commonly used for asset protection, succession planning, and charitable purposes. The Trusts Act 2019 outlines their structure and requirements.
An EPA allows you to appoint a trusted person to make decisions about your property or personal care if you lose mental capacity. There are two types of EPA: one for property and one for personal care and welfare.
Yes, under certain circumstances, such as if you believe the will is invalid, or if you were not adequately provided for as a close family member. The Family Protection Act 1955 allows eligible people to make a claim against an estate.
Probate is a court process that confirms a will is valid and authorises the executor to administer the estate. It is usually required when there is a will, significant assets, or when institutions such as banks request it before releasing funds.
The Property (Relationships) Act 1976 allows a surviving spouse or partner to choose between accepting what is outlined in the will or dividing assets according to relationship property rules, similar to those on separation.
New Zealand does not currently have inheritance or estate taxes. However, there may be other tax implications for trusts and beneficiaries, particularly for overseas assets or recipients.
It is recommended to review and update your will after major life events such as marriage, divorce, having children, or significant asset changes, or at least every five years to ensure it still reflects your wishes.
An executor named in the will administers the estate. If there is no will, the court can appoint an administrator, usually a close family member. Lawyers and trustee companies can also be appointed to administer estates professionally.
For those seeking more information or assistance, the following organizations and resources can be helpful:
If you believe you need legal help with a private client matter in New Zealand, consider the following actions:
Engaging a knowledgeable private client lawyer helps ensure your personal and family interests are protected, now and in the future.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
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