Kiwilaw* - 'yield to principle, not to pressure'
Probate, wills, estate administration, reseal grants, transmission to executors
by Cheryl on
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 fortuneby Cheryl on
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?’by Cheryl on
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?by Cheryl on
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?by Cheryl on
In New Zealand, the Ministry of Justice’s ‘File and Pay’ service now allows applicants to:
by Cheryl on
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 willby Cheryl on
This form is a valid New Zealand will if you fill it in clearly, date it, and sign it in New Zealand in front of two adult witnesses who are both present. It is unashamedly unconventional.
It is intended for people who have never quite got round to making a will and who think $250+ for a ‘lawyer’s will’ is more than they want to spend right now.
[Read more…] about A New Zealand will does not need jargon, prose, paragraphs, or moneyby Cheryl on
I am appalled to see that, in its email bulletin this evening, NZLS is cravenly accepting MBIE’s interpretation of the Level 3 restrictions instead of applying the plain wording of the Health Act (COVID-19 Alert Level 3) Order 2020.
[Read more…] about NZLS surrenders role of interpreting legislation to bureaucratsby Cheryl on
A temporary law change allows affidavits for use in New Zealand courts to be sworn (or affirmed) by video or audio link, rather than in person.
Probate applications are a bit more complicated because they involve the original will.
[Read more…] about Swearing an affidavit for probate – during COVID-19 emergencyby Cheryl on
At least once a month (and sometimes more than once a week), I am approached by someone who has a problem with their lawyer – usually in a different part of the country from where I am.
If you have a problem with your lawyer, the first port of call should be the lawyer. Email them, or make an appointment to see them (and take a support person with you).
