I am often asked whether I prepare EPAs (sometimes abbreviated to EPOAs) – enduring powers of attorney. That is the type of ‘power of attorney’ that endures after you lose mental capacity.
[Read more…] about Kiwilaw does NOT prepare enduring EPAs (enduring powers of attorney) – how come?So you were not living under the same roof when your de facto partner died? Can you still inherit?
Under New Zealand law, if an unmarried de facto partner dies without leaving a valid will, their surviving partner inherits their ‘personal chattels’ and the first $155,000 of what else they left. (Children and parents get a share of anything above $155,000. If the de facto partner was also still married to someone else, the surviving spouse and the surviving de facto partner share that $155,000 plus the over-$155,000 entitlement.)
Are you still the ‘surviving partner’ if you were living apart?
If there’s no will, no lawyer ‘acts for the estate’ until letters of administration are granted
Banks and law firms create unnecessary issues and confusion by insisting that a lawyer can act for an intestate estate (where there is no will) before letters of administration are granted. This is wrong in law and wrong in practice.
[Read more…] about If there’s no will, no lawyer ‘acts for the estate’ until letters of administration are grantedHow to sign your land documents under COVID lockdown
It’s all a little confusing! If you do not have access to a printer, can documents be signed electronically (on a screen, rather than on paper)? If they need to be witnessed, and you are in lockdown, who does it, and how? What if you are in lockdown outside New Zealand?
Statutory declarations cannot be signed electronically, but may be witnessed by audio or video link while being signed on paper.
A&I forms can be signed electronically and must be witnessed in person or by video or audio link. A&I forms require certification of identity, which may require verification software if it has not previously been done in person.
[Read more…] about How to sign your land documents under COVID lockdownHow to plan your steps – get the ‘estate administration’ right, without paying a fortune
It is difficult coping after losing a loved one.
Taking care of the estate administration can seem overwhelming and expensive.
Start with Kiwilaw’s downloadable step-by-step general outline (see below) to check what you may need to cover.
[Read more…] about How to plan your steps – get the ‘estate administration’ right, without paying a fortune‘My son died suddenly. Can his Kiwisaver go to his children?’
I am so sorry.
There are too many of these cases.
They are usually males. They drive too fast, or do something stupid, or are in the wrong place at the wrong time, or deliberately end their lives.
Usually they don’t leave a will.
[Read more…] about ‘My son died suddenly. Can his Kiwisaver go to his children?’What if the deceased’s debts outweigh their assets? They are broke? bust? bankrupt? insolvent?
Insolvent? bankrup? broke? bust? skint?
It’s no thrill when you have to deal with an estate and there’s barely enough money to pay for the funeral, let alone anyone else,
Yet there may still need to be a formal administrator because there may be land, or assets above $15,000, that have to be sold to pay debts.
[Read more…] about What if the deceased’s debts outweigh their assets? They are broke? bust? bankrupt? insolvent?How can I get a copy of someone’s will after they have died?
Often Kiwilaw is asked how someone can get a copy of their parent’s will, or maybe their grandparent’s, because the enquirer believes they should have inherited something.
There is no requirement in New Zealand for wills to be registered or to be publicly searchable, except through the probate process.
So it can be a bit challenging.
[Read more…] about How can I get a copy of someone’s will after they have died?How to upload your probate application – and pay by credit card
In New Zealand, the Ministry of Justice’s ‘File and Pay’ service now allows applicants to:
- file completed applications for probate or letters of administration online – by uploading scanned application documents instead of sending them by mail or courier – and/or
- pay the $200 court filing fee by credit or debit card (instead of by cheque or internet banking).
How to sign, witness, and store your new New Zealand will
Making a valid will is easier in New Zealand than in many other countries. You don’t have to use a lawyer. You don’t have to register the will. Almost anyone can witness the will.
Even if you don’t get it right, the High Court still has the discretion to declare your will ‘valid’.
[Read more…] about How to sign, witness, and store your new New Zealand will