Land transfer – information from executor/administrator (transferor)

Land transfer - information from executor/administrator (transferor) - NZ citizen

This form is for an executor/administrator of a deceased estate who is transferring land (or a house etc) to whoever is due to inherit it under the will or under the rules of intestacy. The only optional questions are your email and phone number. Everything else is required by law. You can sign it at the end. The date will automatically be recorded when you press 'submit'. If you provide full answers and upload everything required, we can send you less paperwork for signing later. (Unfortunately we shall still have to ask you to sign one document in front of a JP or solicitor or court registrar, but that is better than sending you three.)

- Step 1 of 6

The right property

We check we are talking about the right property. Questions about whether there is a dwelling on the property and, if so, whether you previously lived in it are required by law. Statistics NZ uses the information to produce statistical reports that inform housing policy.

Address of property to be transferred *

Record of title number (if known)

This is the land-title reference. Leave blank if you do not know this.

Is there a dwelling on the property? (Tick 'yes' even if it is not occupied.) *

Did the (deceased) owner live in the property for more than 50% of the period they owned it?

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Your details for the land register and territorial authorities

Your names as shown here must be your legal names as on your government-issued photo ID (passport, driver licence, firearms licence etc).

If you use a married name which is not on your photo ID, that part of your name must be spelt the same as your spouse's name on your marriage certificate; and the rest of your names must match your photo ID.

Family name (surname) *

Given names *

Postal address *

Confirm Email

This is for Kiwilaw's use. It will also be included in the information for the local councils (but not made publicly available by them). If you do not want us to provide your email address to the local councils, please add a note in 'Comments' at the end of this form.

Phone number

This is for Kiwilaw's use. It will also be included in the information for the local councils (but not made publicly available by them). If you do not want us to provide your phone number to the local councils, please add a note in 'Comments' at the end of this form.

Are you comfortable with your name and address (not phone or email) being on the publicly accessible rating database at the Council? Or do you want them withheld from public access? *

Name and address may be shown
I want my name and address to be withheld from the publicly-searchable council rating database

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Eligibility to transfer the property

We have to check there is no reason why you cannot authorise the transfer of the property.

Are you over 18? *

Yes - over 18
No - under 18

Are you an undischarged bankrupt? *

Are you the subject of any court order that puts someone else in charge of managing your affairs? (for instance, under the PPPR Act)?

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Tax information, and family members

The following questions are compulsory for all land transfers.

These questions are to be answered by you personally even though you are the executor/administrator of the estate.

The information is sent from Land Information New Zealand to Inland Revenue and/or is used to assess whether the transaction is subject to the Overseas Investment Act. It is also sent to Statistics NZ and used to prepare regular statistical reports.

This transaction itself does not attract any tax liability but it may reset the ‘brightline test’ that determines whether tax is payable on any capital gain when the property is sold in future. (If you need more information about that, please discuss with an expert taxation or property adviser.)

Are you personally a NZ citizen? *

Please show your personal immigration status:

a holder of a NZ resident visa
a holder of a NZ student visa
a holder of a NZ work visa (eg working holiday, essential skills, study to work, work to resident, etc)
none of the above

Definition of 'immediate family'

In the following questions, 'immediate family' is considered to be a person who is:
* your spouse, civil union partner, or de facto partner
* your parent
* your sister or brother
* your child
* your child's spouse or partner
* your spouse/partner's parent
* your spouse/partner's child
* your spouse/partner's brother or sister

Is any member of your immediate family a New Zealand citizen? *

Is any member of your immediate family a holder of a NZ resident visa? *

Is any member of your immediate family a holder of a NZ student visa? *

Is any member of your immediate family a holder of a NZ work visa (eg working holiday, essential skills, study to work, work to resident, etc)? *

Is this transfer exactly as set out in (a) the previous owner's will, or (b) the rules for succession when there is no will?

Yes - exactly as in the will
Yes - exactly as in the rules for intestate succession when there is no will
No - there has been an agreed variation to what the will says or what the rules of intestacy say

Exemption from providing tax information

Because you are acting as executor/administrator of an estate AND the transfer is required by the will or by the rules of intestacy, you are exempt from providing some of the information that otherwise would be required.

It would be different if this transfer required a variation to the will or to the rules of intestacy - e.g. if one beneficiary was buying out the others.

Tax information is required

Because the transfer involves a variation to the will or the rules of intestacy, you must provide tax information.

This includes an IRD number for the estate.

If no IRD number has been issued for the estate, you will need to apply for one before this transfer can be completed. See more information here: https://www.ird.govt.nz/managing-my-tax/ird-numbers/ird-numbers-for-businesses-and-organisations/apply-for-an-ird-number-for-a-new-zealand-business-or-organisation

Tax residency

An individual is considered a New Zealand tax resident if they:

are in New Zealand for more than 183 days in any 12-month period, or
have a 'permanent place of abode' in New Zealand, no matter how long they may have been out of the country.

I haven't yet found the equivalent information for an estate or trust, despite referring to the FAQs and webpages about this. I shall keep looking. In the meantime, please answer according to whether the deceased owner would have qualified as a 'New Zealand tax resident'.

Is the estate a tax resident of New Zealand?

The estate's New Zealand IRD number? *

Is the estate a tax resident of any other country (other than New Zealand)? *

Only provide details where the estate pays tax, not historic numbers.

Which other country (or countries)?

The estate's tax identification number/s there?

Only provide the numbers where the estate pays tax, not historic numbers.

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Please upload a copy of your passport or NZ driver licence or firearms licence - including the signature and expiry date. If you use your married name which is not shown on that photo ID, please also upload your marriage certificate.

Click or drag files to this area to upload. You can upload up to 5 files.

If you cannot upload now, or prefer not to, please email the copy to probate@kiwilaw.co.nz or send a photo of it to 021701838 (Cheryl's mobile phone).

Questions or comments

Signature of executor/administrator (transferor)

By signing this, you confirm that the information you are providing is true and correct. It is a criminal offence if you knowingly provide false or incomplete information. If you do not want to sign this online, you can print a hard copy (paper) and then sign it and courier the signed copy back to me. (If you need me to send you a hard copy to sign, I will charge an additional $40 for the courier plus handling time.)

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