Kiwilaw* - 'yield to principle, not to pressure'
Probate, wills, estate administration, reseal grants, transmission to executors
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
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?by Cheryl on
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?
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
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
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 bureaucrats