Enquiry and screening - grant of administration in New Zealand - Kiwilaw*

Grant of administration - screening and enquiry - no obligation

If you think you need probate or letters of administration in New Zealand, please use this form. By 'you', we mean an executor of the will (if any), or a close family member (if there is no will), or someone asking on their behalf. We will tell you who should be the applicant/s, and what our fee is likely to be. Once we reply to you, you can decide whether to go ahead. You pay nothing for our response to this form. You don't have to go ahead if you don't want to.

Initial information - Step 1 of 8

Take your time, there's no rush

Yes, this form is more complicated than a standard online 'contact form'.

That's because we want to provide full legal guidance, which requires careful consideration of numerous different facts.

We start by asking whether there has already been any type of 'grant of administration' in your loved one's estate. The answer is almost always 'no'. (It would be 'yes' if, for instance, probate had been granted in Australia, or letters of administration had been granted 20 years ago and the administrator had died before completing the job.) It's important to get this right - the wrong answer sends everyone off on the wrong track!

We then ask whether there's a will - including anything that is an invalid will.

A valid will includes a duly signed and witnessed will of which you can only find a copy. (There's a separate question about whether the original will is available.)

If there's a valid will, we ask about executors and whether they are available, and other factors that can cause complications.

We check that a grant of administration is definitely needed - we don't want to waste our time or your money.

If there's no valid will, we ask about your loved one's relationships and surviving family members, because that determines who can be the applicant/s. We ask about the value of the estate because that changes the options. We ask about specific procedural steps that may or may not have been taken. We check a couple of other points that can cause complications.

We ask about your loved one's death, to check for factors that could require additional work (and fees).

We ask you to check a final list of issues that may cause complications if they apply in your loved one's case.

At the end of each short page, click 'NEXT' to continue. You can also save (and resume later).

If the answers don't fit your situation, there's a chance to add information at the end.

Finally, before you submit, you can review your answers.

It covers the same material as a phone call, but in less time and with more safeguards.

Let's start....

Email *

We need your email address so we can reply to you. We don't add you to any mailing lists. We don't collect email addresses for marketing purposes.

Name of deceased (your loved one who has died) *

For screening and enquiry purposes, this does not have to be their full name. However, if you decide to go ahead, we will then need their full name.

Has any grant of administration ALREADY BEEN MADE for your loved one? (This includes probate or letters of administration. It also includes an 'election to administer' if one was filed by Public Trust or another trustee corporation.) DO NOT ANSWER YES UNLESS YOU ARE SURE. (The answer is usually 'No.') *

Yes - in New Zealand
Yes - outside New Zealand
No
Don't know

The answer will normally be no. It would be yes if, for example, the person died some time ago, their executor obtained probate, and the executor has since died, without completing the administration of the estate. It will also be yes if a grant of administration has been made overseas.

What type of New Zealand grant was made? (If more than one, choose the one that was made most recently.)

Probate
Letters of administration with will annexed
Letters of administration on intestacy (there was no will)
Resealed grant that had been made overseas
Election to administer
Other
Don't know

In what country? *

Australia
United Kingdom
Canada
Other Commonwealth country
Hong Kong
Other country - not in the Commonwealth

Please check the names of the executors, administrators, or trustees, to whom the grant has been made. Are all of those people now available to confirm instructions and sign paperwork? (It doesn't matter if they are in different places.)

Yes, all are available
No, at least one is not available
No, none of the people appointed in the grant are available

Identify who was the last surviving executor, of those named in the grant of probate. If that executor has now died, did they themselves leave a will? If so, did their executor/s obtain probate?

No - they did not leave a will
No - they did leave a will, but their executor/s did not obtain probate
Yes - they did leave a will, and their executor/s did obtain probate.
Don't know

Does the will (for which probate was granted) name any additional executors who are still alive and who were not appointed in that grant of probate?

If there are other executors named in the will, they have the first priority to apply for the new grant. However, this does not apply if they formally renounced their role as executor.

Is there at least one such additional executor who is alive, mentally capable, and who did NOT renounce their role as executor?

Yes
No
Don't know - there is one who is alive and mentally capable, but I don't know whether they renounced their role as executor

Please upload a copy of the existing grant of administration - including the attached copy of will (if any)

Click or drag files to this area to upload. You can upload up to 10 files.

If the grant is for a will but the will is not part of the grant itself, please upload a copy of the will here.

Click or drag files to this area to upload. You can upload up to 10 files.

In some countries, probate is issued but there is no copy of the will attached. When this is resealed in New Zealand, the New Zealand court requires also a copy of the will. That is why we ask for a copy now.

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Did your loved one leave a will that, on the face of it, was legally valid? Or a will that the (New Zealand) High Court has declared a valid will?

Yes, they left a written will that was signed, with 2 witnesses.
Yes, they left a will that the High Court has declared to be valid
No

A legally valid will must be in writing, on paper, signed, with 2 witnesses. OR the High Court can have made an order to declare a document a valid will if it is not automatically valid. If you hold a copy and cannot find the original, please answer 'yes' - unless you know your loved one most likely revoked or cancelled that will.

What is the date of that will? (If there was more than one, what is the date of the latest one?)

What language is the will in? *

English
Maori
Other

Other (language of will) - please specify

Was the will made (signed) in New Zealand?

In addition to that will, are there any 'codicils'? A codicil is a separate formal document that adds to, or changes, a will, without actually cancelling the will.

Yes
No
Don't know

Was every codicil made (signed) in New Zealand?

Was New Zealand your loved one's permanent home country? Or were they living overseas, or only temporarily living in New Zealand?

Deceased resided in New Zealand when they died, and NZ was their permanent home country
Deceased was in New Zealand temporarily. New Zealand was not their permanent home.
Deceased lived overseas but identified with New Zealand and would have intended to return permanently to New Zealand if practicable
Deceased lived overseas and had no intention or inclination to return permanently to New Zealand
Don't know

Was New Zealand your loved one's original home country?

Yes
No
Don't know

After making the will, did your loved one get married or enter into a civil union?

No
Yes
Don't know

AFTER making the will, did your loved one get divorced or legally separated?

No
Yes - they got divorced (dissolution order)
Yes - they got legally separated - and there was a separation order from the Family Court
Yes - they got legally separated but there was no separation order by the Family Court
Sort of - their de facto relationship ended but they weren't legally married.
Don't know

Do you know where the original signed will is (and any codicils, if any)? (You do not need the original will yet. You will need a copy if you decide to use our services. You will need the original will when you are getting ready to send the documents to the High Court. (If the original will has been lost or destroyed, there will be more paperwork and more fees. That is why we ask now.)

Yes - I already hold it (or another executor does)
Yes - I know where it is
No but I can find out
No and I have no idea
I know it was accidentally destroyed or went missing in known circumstances.

This refers to the physical document/s signed by your loved one and two witnesses (or the document declared by the High Court to be a valid will). It means the hard copy with the actual original signatures. Not a photocopy or certified copy or scanned copy. If the will was prepared by a solicitor, especially some years ago, the original is likely still to be held by the law firm, with only a copy held in your loved one's files.

Did your loved one leave any other kind of will-type document that was NOT legally valid? (If they left a valid will, this question applies only to documents written after the valid will.)

Yes, they left a will-type document that was not properly signed/witnessed
Yes, they left a will-type document but it is not legally valid because by that stage the will-maker was not mentally capable to make a will
Yes, they left a will-type document but it is not legally valid for some other reason
No

Anything invalid, unsigned, or incomplete? This could be a note, a text, or email, or something scratched on a surface, or a video, not necessarily even on paper. It could also include giving instructions to a lawyer for making a will. However, it does not include something that was only said aloud and not recorded in any way.

Did your loved one make any type of 'last wishes' or 'will' document at all, even if invalid, unsigned, or incomplete? This could be a note, a text, or email, or something scratched on a surface, or a video, not necessarily even on paper. It could also include giving instructions to a lawyer for making a will. However, it does not include something that was only said aloud and not recorded in any way.

Yes, they left a will-type document that was not properly signed/witnessed
Yes, they left a will-type document but it is not legally valid because the will-maker was not mentally capable to make a will
Yes, they left a will-type document but it is not legally valid for some other reason
No

Please explain why it is not legally valid

Please upload a copy of any such will-type document (or documents, if more than one) - a legible photo is fine, if you cannot easily provide a scan.

Click or drag files to this area to upload. You can upload up to 10 files.

If you cannot upload it now, please email it to us after you complete this form.

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In the most recent valid will (including any codicils), are you named as an executor? *

Yes
No
Don't know

This also includes 'executrix'.

Why are you making this enquiry?

I'm making the enquiry on behalf of the executor/s
No executors are named in the will
Executors are named in the will but none will be able to apply for probate
I'm a beneficiary in the will and I need some help
I'm not a beneficiary in the will and I ought to be
Some other reason

Tell me more...

How many executors are NAMED in the valid will/codicils? Please INCLUDE any who are deceased or otherwise unavailable to act. So, if the will names an executor who has died, which means someone else is appointed instead, please count the one who has died and also the one who is appointed instead. (However, please do NOT count any executors who are not needed because they were only named as substitutes for executors who CAN still act. Also, if there is a codicil, do not count anyone who was appointed in the will if that appointment was cancelled in the codicil.) (Confused? Don't worry, just do your best here. We'll double-check once we view the will and any codicils.)

None
1
2
3
4

Note: an 'executrix' is a female executor. 'Executrices' are female executors.

Are all those named executors (the ones you have just counted) potentially available and willing to act? (If the will names an executor who has died, answer No.) *

Yes - all
No - not all, but at least one
No - none
Don't know

If any of those named executors (the ones you have just counted) is NOT potentially available to act, what is the reason?

Deceased
Refused
I don't want them to act - they are a solicitor or trustee company and their fees will be too high
Mentally incapable
Overseas and they would prefer not to act
Cannot be found
Ex-spouse of deceased
Minor (under 18 years)
Other
Not applicable - executor/s available to act

Other (reason why executor unavailable to act) - please specify

Is there an enduring power of attorney (property) in place, for that person?

Yes - I am the attorney (or one of the attorneys) under an enduring power of attorney
Yes - someone else is the attorney under an enduring power of attorney
No - but there is a property manager appointed by the Family Court
No - there is no enduring power of attorney and no property manager

Has a medical practitioner assessed that person as mentally incapable of managing their own property affairs?

Was a formal dissolution order or separation order made in the Family Court, for the marriage between your loved one and that ex-spouse?

Yes - dissolution order
Yes - separation order, no dissolution order
Neither a dissolution order or a separation order
No - they were de facto partners, not married and not in a civil union
I don't know

Was that order made after the will, or before the will?

Before the will
After the will
I don't know

Does at least 1 of the potentially available executors live in New Zealand? *

Yes - every available executor lives in New Zealand
Yes - at least one lives in New Zealand, although at least one other lives outside New Zealand
No - no available executor lives in NZ

Does the intended applicant live in New Zealand? Or at least one, if there may be more than one applicant? *

Yes
No - no intended applicant lives in NZ
Don't know - it depends on who is allowed to be the applicant

The applicant is the person who will apply for letters of administration. Usually they must be someone who, by law, will inherit some or all of what your loved one left when they died.

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Are you sure that a NZ grant of administration is needed? *

Yes - NZ bank/insurance/finance/Kiwisaver company needs it - the account is in my loved one's name alone, not a joint account
Yes - NZ land transfer required (general land) - my loved one is the only owner, or owns a separate share as specified on the title
Yes - both the above
Yes, other reasons
Not sure

A 'grant of administration' means either probate or letters of administration. A 'grant of administration' is needed if your loved one left more than $15,000 in any one financial institution (in their own name, NOT owned jointly), or if they owned a house or land (or a share in a house or land) in their own name only (NOT jointly, NOT Maori freehold land).

Please explain the 'other reasons'

Despite being 'general land', would it make sense for the land to be treated as Māori freehold land, if that made things simpler?

Yes it could be appropriate to treat it as Māori freehold land
No, it was not ancestral land and would not be appropriate as Māori land
No - other reasons
Don't know

If the land status is changed to Māori freehold land, you don't need a 'grant of administration' to pass it down to whoever should inherit it. We can provide more information about that.

Have you checked the land title/s, to check that your loved one is indeed the owner of the whole property or of a specified share of the property (rather than a joint owner without a separate share)? *

Yes - I have checked the title
No - I have not checked the title
I have checked the title but I do not understand it

If your loved one is a joint owner without a specified separate share, AND if the other owner is still alive, a grant of administration is not needed, to deal with this land. The surviving owner needs a transmission by survivorship. (Kiwilaw can help with that. See website.)

Please explain why you are not sure whether a grant of administration is needed

What is the maximum value of your loved one's estate (what they owned when they died), as far as you know? (Do not include a house or land they co-owned with someone else, unless they owned a specified share rather than being a joint owner with no separate specified share. Do not include Māori freehold land.)

Up to $120,000
Between $120,000 and $155,000
More than $155,000 and less than $500,000
$500,000 or more

This is relevant to the possibility of asking Public Trust to make an 'election to administer' the estate, instead of applying for a grant of administration. If there was no valid will, this is also relevant to who can apply for letters of administration.

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What is your relationship to the deceased? ('I am the deceased's ... ')

Spouse (married)/civil union partner - for 3 years or longer
Spouse (married)/civil union partner - for less than 3 years
De facto partner - for 3 years or more
De facto partner - for less than 3 years
Only child (and not adopted by anyone else)
One child of several (and not adopted by anyone else)
Sibling (and not adopted by someone else)
Parent (and the deceased was not adopted by anyone else instead of me)
Other

Please specify

Have you (or someone you know of) made a formal 'will enquiry' through the New Zealand Law Society, to check whether anyone holds a will for your loved one?

This means someone has arranged for a notice or advertisement to be sent by the law society to all lawyers in the local area, or nationwide, to check whether they hold a will for the deceased.

What was your loved one's MARITAL status? 'Spouse' means legal marriage or civil union, not de facto.

Married/civil union - current at time of death - NOT in a current de facto relationship with somebody else as well
Married/civil union - current at time of death - AND in a current de facto relationship with somebody else as well
Separated (from spouse) - with separation order - NOT in a current de facto relationship with somebody else
Separated (from spouse) - with separation order - AND in a current de facto relationship with somebody else
Separated (from spouse) - no separation order - NOT in a current de facto relationship with somebody else
Separated (from spouse) - no separation order - AND in a current de facto relationship with somebody else
Widowed - and NOT in a current de facto relationship
Widowed - AND in a current de facto relationship
Formerly married/civil union - dissolution/divorce - AND in a current de facto relationship with somebody else
Formerly married/civil union - dissolution/divorce - NOT in a current de facto relationship with somebody else
Never married/civil union - AND in a current de facto relationship
Never married/civil union - NOT in a current de facto relationship
Other

This answer makes a real difference - please read the options carefully. Any complication can be dealt with, but it gets harder if we go down one track that turns out to be wrong.

Please explain

Was your loved one living in that de facto relationship at the date of his/her death?

Yes
No - the relationship had ended
Unsure

The surviving spouse/partner is usually required to be the applicant for letters of administration. Is that okay with you?

Yes - I am the surviving spouse/partner and the intended applicant
Yes - the surviving spouse/partner knows this, and I am just helping out
No - the surviving spouse/partner prefers to take his/her entitlement under the Property (Relationships) Act rather than intestacy, and therefore waives the right to be the applicant
No - I am a child of the deceased and the deceased left more than $155,000, so I am also a beneficiary and entitled to apply
No - I am a parent of the deceased and the deceased left more than $155,000 and had no children, so I am also a beneficiary and entitled to apply
That is complicated - there is more than one surviving spouse/partner
No

Please explain

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Did your loved one ever have any children? This means by birth or legal adoption (not whāngai or foster children). EXCLUDE any children whose legal adoption by someone else during the deceased's lifetime cancelled their legal status as a child of the deceased.

Yes
No
Don't know

This includes children who died before your loved one.

How old (currently) are those children?

At least one is over 18
All are under 18
All are deceased

Have you requested a paternity search (or 'Status of Children Act' search) from the Registrar-General of Births Deaths and Marriages?

This is compulsory UNLESS the estate is less than $155,000 AND the application is being made by the deceased's surviving spouse or de facto partner.

Are all of your loved one's children still alive?

Yes - all of them
No - one or more have died (either before or after the deceased)
Don't know

Did any of your loved one's children die BEFORE your loved one, AND leave children of their own?

No, none of the deceased's children died before the deceased
No, although the deceased had one or more children who died before the deceased, those children did not have children of their own
Yes, at least one of the deceased's children died before the deceased AND had children of their own
Don't know

If the answer is yes, but those grandchildren (children of a deceased child of your loved one) did not themselves survive your loved one, please still answer yes. We will need more information.

Did any of your loved one's children die AFTER your loved one?

No, none of the deceased's children died after the deceased.
Yes, at least one of the deceased's children died after the deceased.
Don't know

Were either of your loved one's parents still alive when your loved one died? (This means birth parents, UNLESS your loved one was legally adopted. It does not matter whether or not they were married to each other. If your loved one was adopted, it means their adoptive parents.)

Yes - mother was still alive
Yes - father was still alive
Yes - both parents were still alive
No - neither parent was still alive
Don't know

Have any of your loved one's parents died SINCE your loved one's death?

Yes - one has died - no parent is now alive
Yes - two have died - no parent is now alive
Yes - one has died - one parent is still alive
No - no parent has died since the deceased's death

Did your loved one ever have any brothers or sisters (siblings)? This means by birth or legal adoption (not whāngai or foster children). EXCLUDE any siblings whose legal adoption by someone else cancelled their legal status as a brother or sister of the deceased.

Yes
No
Don't know

This includes brothers or sisters who died before your loved one.

Did any of your loved one's brothers or sisters (siblings) die BEFORE your loved one, AND leave children of their own?

No, none of the deceased's siblings died before the deceased
No, although the deceased had one or more siblings who died before the deceased, those siblngs did not have children
Yes, at least one of the deceased's siblings died before the deceased AND had children
Don't know

If the answer is yes, but those nephews or nieces (children of a deceased sibling of your loved one) did not themselves survive your loved one, please still answer yes. We will need more information.

Did any of your loved one's brothers or sisters die AFTER your loved one?

No, none of the deceased's siblings died after the deceased.
Yes, at least one of the deceased's siblings died after the deceased.
Don't know

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Date of your loved one's death?

Was at least 1 intended applicant present when your loved one passed away? (This means the executor/s who will be applying for probate, or - if there is no valid will or no executors - whoever will be applying for letters of administration.)

Yes - all were present
Yes - some but not all
No, none
Don't know

Did at least 1 intended applicant see your loved one's dead body?

Yes - all did
Yes - some but not all
No, none
Don't know

Did at least 1 intended applicant attend your loved one's funeral/tangi?

Yes - all did
Yes - some but not all
No, none
No funeral or tangi
Don't know

Do you have the death certificate? *

Yes
Not yet, have requested it
No

Is every intended applicant over 18 years old?

'Applicant' means the person who will be appointed as administrator (if there is no will or no executors), or the executor who will be applying for probate (if there is a will and at least one executor).

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If possible, please upload a copy of the will. Please include all pages that have any text on them at all, including any cover page or backing page. Photo or PDF is fine. Do NOT unstaple the will, or mark it at all, when you do this. (If you don't have a copy available right now, you can continue to the end and then email us a copy of the will later on.)

Click or drag files to this area to upload. You can upload up to 10 files.

We need a copy, to check whether there are any complications from the wording or signing of the will. If you go ahead, we also use this copy to check the interview answers and ensure the documents are correct for the High Court. (If you prefer, you can redact (cross out) any financial information or property addresses - only on the COPY!)

If possible, please upload a copy of the codicil (or first codicil, if more than one). Please include all pages that have any text on them at all, including any cover page or backing page. Photo or PDF is fine. Do NOT unstaple the codicil, or mark it at all, when you do this. (Again, if you don't have a copy available right now, you can continue to the end and then email us a copy of the codicil later on.)

Click or drag files to this area to upload. You can upload up to 10 files.

Again, we need a copy, to check whether there are any complications from the wording or signing of the codicil. If you go ahead, we also use this copy to check the interview answers and ensure the documents are correct for the High Court. (If you prefer, you can redact (cross out) any financial information or property addresses - only on the COPY!)

Please upload a copy of any other codicil. (Again, if you don't have a copy available right now, you can continue to the end and then email us a copy of the other codicil/s later on.)

Click or drag files to this area to upload. You can upload up to 10 files.

Do you (or any other executor) hold a SuperGold Card? (If so, you can receive a FREE copy of Kiwilaw's 'Guide to Estate Administration' if you decide to use our probate service.)

Yes - I hold a SuperGold Card (or another executor does)
No - please add $49 for the Guide to Estate Administration, to your fee
No - and at this stage I do not need the Guide to Estate Administration

If you use Kiwilaw's services, would you also like to order a copy of Kiwilaw's 'Guide to Estate Administration: where there's a will and a grant of probate'? Although it is targeted at situations where there is a valid will and at least one executor, it is also relevant when there is no will and/or no executor.

Yes - please add $49 for the Guide to Estate Administration, to your fee
No - at this stage I do not need the Guide to Estate Administration

If we assess this probate application as coming within our $490 fee, are you ready to go ahead at once?

Yes, I am ready to go ahead with the next online interview. I am uploading a copy of the will (and any codicils) now.
Yes, I am ready to go ahead with the next online interview. I cannot now upload the will/codicils but I shall email a copy to you ASAP. I realise you cannot confirm there are no complications until you have those documents.
Not quite - I'd like to check with other people before I decide to go ahead.
Not quite - I need to get some factual information myself before I can go ahead.
Not quite - I want to ask you something first.
No - I need to give this information to someone else, because I will not be the applicant.
No - some other reason.

If we assess this application as coming within our $690 fee or less, are you ready to go ahead?

Yes, I am ready to go ahead with the next online interview. Please send me the link and the information I need.
Not quite - I'd like to check with other people before I decide to go ahead.
Not quite - I need to get some factual information myself before I can go ahead.
Not quite - I want to ask you something first.
No - I need to give this information to someone else, because I will not be the applicant.
No - some other reason.

If the application is by the deceased's surviving spouse/partner, or by one of several children of the deceased, or by one of several siblings of the deceased, the fee is more likely to be $690 than $590, because of additional paperwork. We will explain when we respond to your enquiry.

Please upload a photo or scan of your passport or driver's licence (both sides) or other photo ID. (However, if you do not have it available or do not want to send it just yet, we can deal with that a little later.)

Click or drag files to this area to upload. You can upload up to 4 files.

This is the easy way to get your full name and check your identity, as you intend to proceed and will become a Kiwilaw client. Other information will come from a later online interview.

Ask us here:

Would you mind telling us why you are not able to go ahead?

Any questions or comments

Please mark any of these that apply - it is easier to deal with them if we know about them at the beginning. Some may not matter. Some may make a real difference.

Anything else we may need to know about?

Please provide your name and phone number.

This is just in case something goes wrong with your email address. We will not use it for any other purpose.

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