Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Or refine your search by selecting a city:
Inheritance law in New Zealand governs how a deceased person’s assets are distributed. It covers drafting wills, intestacy rules, probate, and disputes related to the distribution of an estate. The law also sets out how executors and administrators manage estates and resolve challenges from dependants or beneficiaries. The main statutes you should know are the Wills Act 2007, the Administration Act 1969, and the Family Protection Act 1955.
Estate planning in New Zealand aims to reflect the deceased person’s wishes while protecting dependants. It also provides mechanisms to deal with debts, taxes, and complex assets such as overseas property or business interests. Solicitors and barristers (in court) commonly work together to prepare documents, apply for probate, and handle disputes. Understanding these basics helps you decide when to seek legal advice.
Legal help is often essential to avoid mistakes and delays in estate matters. Below are concrete NZ-focused scenarios where you should consult a solicitor or estate lawyer.
New Zealand inheritance matters are primarily governed by three key statutes. They set out formal requirements for wills, how estates are probated, and the rights of dependants to provision from a will.
The Wills Act 2007 governs the validity and formal requirements of wills in New Zealand. It outlines who may make a will, how a will must be executed, and the basic rules about testamentary capacity. This Act replaced earlier legislation to modernise will requirements and reduce common ambiguities.
Recent note: The Act has been amended over time to address evolving practices in estate planning and to clarify requirements around witnessing and execution. For the text and current version, see legislation.govt.nz.
"A will is valid if it is in writing, signed by the testator, and witnessed by at least two witnesses who are not beneficiaries."
The Administration Act 1969 covers probate, administration, and related aspects of estate administration. It provides the process for proving a will, applying for probate or letters of administration, and distributing assets in an orderly manner. The Act has been amended to reflect modern practice and the needs of families dealing with estates.
In practice, this Act governs how an executor or administrator collects assets, pays debts, and ultimately distributes the estate to beneficiaries. See the official text for current details and any amendments.
The Family Protection Act 1955 allows certain dependants to apply for further provision from a deceased person’s estate. It addresses situations where a will or the intestacy rules might not adequately provide for a spouse, partner, child, or dependent. This Act is a key tool for challenging insufficient provision in NZ estates.
Courts assess eligible applicants and determine whether additional provision is appropriate, balancing the deceased person’s wishes with the dependants’ needs. See legislation.govt.nz for the current provisions and process.
A will directs how your assets are distributed after death. It also names an executor to manage the estate. A well drafted will helps avoid a complex crowding of claims and reduces disputes among family members.
You apply for probate through the High Court in the relevant jurisdiction. A solicitor typically prepares the application and supporting documents, including the death certificate and will. The court then issues the grant of probate if everything is in order.
Appoint an executor in the will if possible. If there is no will, a close family member or beneficiary may apply to be administrator through the court. Appointment timing depends on the complexity of the estate and the presence of disputes.
Probate applications are filed with the High Court that has jurisdiction over the place where the deceased resided or owned assets. Your solicitor will determine the correct court and file the necessary forms.
Wills can be contested for reasons such as lack of testamentary capacity, undue influence, or if a dependent feels they were inadequately provided for under the Family Protection Act 1955. Court decisions consider the deceased's intent and legal rights of dependants.
Yes. A challenge may argue the testator did not understand the consequences or memory was impaired. The court reviews medical evidence and the testator’s actions at the time the will was signed.
Yes if the estate is complex, includes overseas assets, or there are potential disputes. A lawyer helps with filing, compliance, and safeguarding beneficiaries' rights.
No, but non residents may face additional regulatory or tax considerations. A local solicitor can guide you on residency requirements and practical steps to administer the estate.
Costs depend on the estate's complexity and legal fees. Typical charges include court filing fees, probate application costs, and solicitor and barrister time. Some tasks may be eligible for fixed or capped fees depending on the firm.
Simple estates can take several weeks to a few months. More complex estates with debts, overseas assets, or disputes may take 6 to 12 months or longer. A solicitor can provide a realistic timeline based on your case.
Intestacy occurs when there is no valid will. NZ law provides specific rules to distribute assets to spouses, partners, children, and other relatives. A court or administrator follows these rules to settle the estate fairly.
Yes. A solicitor typically handles the preparation, administration, and negotiation. A barrister may represent you in court for disputes or appeals. Many lawyers in NZ combine both roles within a single practice.
Refine your search by selecting a city.
