Kiwilaw* - 'yield to principle, not to pressure'
Probate, wills, estate administration, reseal grants, transmission to executors
by Cheryl on
Yes, they trusted you, they appointed you as their attorney, to manage their property, their money, their bank accounts.
However, that has now stopped. You cannot lawfully continue to operate their bank account or make other decisions about their property.
[Read more…] about When their heart stopped, so did their EPA (enduring power of attorney).by Cheryl on
If someone dies and leaves an interest in general land (a house, unit, section, farm, or other land that is not Maori freehold land), probate or letters of administration are usually required, followed by a transmission to executor/administrator/s and a transfer.
However, if your loved one was Maori, you may be able to avoid that expense.
[Read more…] about Was the deceased a Maori? If they owned general land, that question becomes important.by Cheryl on
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 grantedby Cheryl on
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 lockdownby 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?
