Wills & Estates FAQ - New Zealand
Expert answers to your estate planning questions
Quick Answers
- Simple will cost: $300-$600
- Probate required: For assets over $15,000-$25,000
- Estate administration: 6-12 months (simple) to 18+ months (complex)
- Challenge deadline: 12 months from probate
How much does it cost to make a will in New Zealand?
Will costs vary based on complexity:
- Simple will: $300-$600
- Mirror wills (couples): $400-$800
- Complex will (trusts, business): $800-$2,000+
- Online will kits: $30-$150 (higher risk)
- Public Trust: From $215 (if appointed executor)
Professional will drafting is relatively affordable and provides certainty that your wishes will be carried out.
What happens if someone dies without a will in NZ?
Dying without a will (intestate) means NZ law determines who inherits:
Intestacy rules (simplified):
- Spouse/partner only: Everything to spouse/partner
- Spouse + children: Chattels + first $155,000 + 1/3 to spouse; 2/3 to children
- Children only: Everything divided equally between children
- No spouse or children: Parents, then siblings, then distant relatives
Important: Intestacy rules may not match your wishes. De facto partners have rights but proving the relationship can be complex and costly.
Can I make my own will without a lawyer?
Yes, you can write your own will in NZ. Requirements:
- Must be in writing
- Signed by you (the testator)
- Witnessed by two independent adults
- Witnesses must sign in your presence
- Witnesses cannot be beneficiaries
Warning: DIY wills often contain errors causing expensive problems after death. Ambiguous language, missing clauses, or improper execution can invalidate your wishes. Professional drafting is worth the cost.
What does an executor do?
An executor administers the estate after death. Responsibilities include:
- Arrange funeral: According to wishes or family's decisions
- Locate the will: Find and secure the original
- Apply for probate: Get court authority to act
- Identify assets: Bank accounts, property, investments
- Pay debts: Mortgages, loans, bills, taxes
- Distribute estate: Transfer assets to beneficiaries
- Keep records: Account for all transactions
This is a significant responsibility that can take 6-18 months. Executors can be personally liable for mistakes.
What is probate and do I need it?
Probate is court confirmation that:
- The will is valid
- The executor has authority to administer the estate
You need probate for:
- Bank accounts over $15,000-$25,000 (varies by bank)
- Transferring property ownership
- Dealing with shares or investments
- Some insurance payouts
Smaller estates may not require probate. Joint assets often pass automatically to the survivor.
Can a will be challenged in New Zealand?
Yes, wills can be challenged on several grounds:
- Invalid execution: Not properly signed or witnessed
- Lack of capacity: Testator didn't understand what they were doing
- Undue influence: Someone improperly pressured the testator
- Fraud or forgery: Will is not genuine
- Family Protection Act: Will doesn't adequately provide for family
Time limit: Claims must usually be filed within 12 months of probate being granted.
What is a family trust and should I have one?
A family trust holds assets separately from personal ownership.
Potential benefits:
- Asset protection from creditors
- Estate planning flexibility
- Protecting assets for future generations
- Some tax planning opportunities
Considerations:
- Setup costs: $2,000-$5,000
- Ongoing costs: $500-$2,000/year
- Compliance requirements
- Recent law changes reduced benefits
Trusts aren't right for everyone. Get professional advice on whether a trust suits your specific situation.
How long does estate administration take?
Timelines vary significantly:
- Simple estate: 6-12 months
- Moderate complexity: 12-18 months
- Complex estate: 18-24+ months
- Contested estate: 2-3+ years possible
Factors affecting timeline: property sales, overseas assets, business interests, family disputes, tax issues, or claims against the estate.
What is an Enduring Power of Attorney?
An Enduring Power of Attorney (EPA) lets someone make decisions for you if you become mentally incapable. There are two types:
EPA - Property
Covers financial decisions: bank accounts, property, investments, paying bills. Can operate immediately or only if you lose capacity.
EPA - Personal Care & Welfare
Covers health and living decisions: medical treatment, where you live, daily care. Only operates when you lack capacity.
Essential: Everyone should have EPAs. Without them, family may need to apply to court to manage your affairs if you lose capacity - an expensive and stressful process.
Can I leave someone out of my will?
You can leave anyone out of your will, but certain people can challenge under the Family Protection Act:
- Spouses and partners
- Children (any age)
- Grandchildren (in some circumstances)
- Parents (if dependent)
The court may order provision if they show the will doesn't make "adequate provision for their proper maintenance and support."
Planning tip: If you want to exclude someone, document your reasons. A lawyer can advise on strategies to minimize successful challenges.
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