Estates

With You Through the Next Steps

Losing a loved one is never easy — and dealing with the legal side of things can feel overwhelming. That’s where we come in. At Pier Law, we’re here to take the stress off your shoulders and help guide you through the next steps with care, clarity, and compassion.

Whether you’re managing the estate of someone who has passed, applying for probate, dealing with overseas estates, or simply unsure of what needs to happen next, our experienced team can walk you through the process. We explain everything in plain language, handle the paperwork, and keep things moving, so you can focus on what matters most.

No two estates are the same, and we tailor our support to suit your situation, from small, straightforward estates to more complex matters. You don’t need to have all the answers; that’s what we’re here for.

Let us take care of the legal side, so you don’t have to carry it alone.

What is the process after a loved one passes?

Grants of Administration (Probate and Letters of Administration)

Any estate with an asset worth more than $15,000.00 (such as a bank account, KiwiSaver, shareholding) and/or where the deceased owned property in their sole name will require a grant of administration before work can begin on the administration of the estate.

Probate

Probate is a type of grant, issued by the High Court of Wellington, that authorises the executors named in the deceased’s Will to deal with the estate assets. Without this document, the executors will be unable to deal with the estate assets.

Applying for the grant of probate is specialised work and is best completed through a law firm. It involves the executors signing affidavits to swear or to affirm the facts of the deceased’s Will and the circumstances of their passing. The signed affidavits plus other supporting documents and the original will are sent to the High Court to assess and if all is in order, they will issue the grant of probate.

In some cases, one of the executors may not want to be appointed as an executor of the estate or may not feel capable of carrying out the duties of an executor. In these instances, a Renunciation of probate is required, to remove that executor.

Letters of Administration with Will Annexed

Where the deceased had a Will, and the estate does require a grant of administration, but for some reason the executors are unable or unwilling to act for the estate, we apply for a different type of grant. Letters of Administration with Will annexed is used when some part of the Will provisions cannot be carried out. For example, if the Will appoints two people to be the executors of the estate, but they both have died before the Will-maker dies. Letters of Administration can be applied for to appoint someone who was not named in the Will as an executor, to administer the estate.

Letters of Administration on Intestacy

Where the deceased did not have a valid Will, but the estate still requires a grant of administration, we can apply for Letters of Administration on Intestacy. This involves selecting the correct person to become the administrator of the estate and following the rules for distribution of the estate, as there is no Will to guide us. The distribution of assets for an estate with no Will is dictated by the Administration Act 1969 and provides the specifics for how the estate assets will be distributed.

Our team is very experienced in obtaining the various grants of administration from the High Court and can assist you with these applications and the estate administration.

What happens to New Zealand assets where the deceased lived overseas?

New Zealand estate administration requirements apply to all estates where there are assets held in New Zealand, even if the deceased lived overseas and estate administration is being conducted in that country. Read more here.

When can I contest a Will?

We often get requests from people asking if they can challenge a Will due to various reasons. Generally there are three main avenues for contesting a Will, you can read more about them here.

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Funerals

Planning a funeral or cremation can be a very stressful task. We encourage our clients to make their burial/cremation wishes known to the family to remove some of the uncertainty around this difficult time.

There are a few key things to remember before you make these arrangements with the funeral director:

Always look for a copy of the latest will or contact the deceased’s solicitor to find out if there were burial/cremation instructions in the deceased’s will.
Make sure that the executor/s of the estate are notified as soon as possible. The executors have the final say in how the burial/cremation proceeds.
The burial/cremation wishes are exactly that, wishes made by the deceased. The executor has the power to change the burial/cremation instructions if they feel that this would be in the best interest of the estate or the family of the deceased and may take into account many factors before making a decision.
Funeral/cremation costs can be paid for through the deceased’s bank accounts provided there are sufficient funds held there.

Small Estates

If the assets under an estate equate to less than $15,000.00 NZ dollars, a formal grant from the high court is not required to administer the estate assets. A recent change has been announced to increase this threshold, read about it here.

The deceased’s appointed executor will still need to obtain a certified copy of the Will to prove their authority to administer the estate.

In the event that the deceased held no Will, the next of kin will be able to administer the estate.

However, please note it is always best to contact us to discuss small estates before dealing with any assets belonging to a deceased person to avoid any complications or liabilities.

Joint Assets & Liabilities

All joint assets pass automatically to any surviving asset holders upon the passing of an asset holder. The most common example is jointly owned bank accounts – notifying the bank and providing a death certificate to them is sufficient for ownership to be changed.

Generally, if any debts or liabilities are owned jointly between the deceased and another person (a mortgage being the most common example), that debt will also become the sole responsibility or the survivor.

The institution with which the asset or liability is held will be able to inform you as to whether the assets and liabilities are jointly owned.

Resealing Probates in New Zealand

Dealing with New Zealand assets from overseas can be time-consuming and costly, especially if you’re unfamiliar with local estate administration requirements. Pier Law can assist overseas practitioners with administering any New Zealand assets held in an estate.

In New Zealand, executors must apply to the High Court for a grant of administration if the deceased owned property in their sole name, had $40,000 or more with any one financial institution, or held $15,000 or more in shares or debentures. New Zealand assets cannot be transferred to beneficiaries until this grant is obtained.

If the deceased lived in a Commonwealth country but also held assets in New Zealand, a reseal of the overseas grant may be needed. For example, someone born and once living in New Zealand who later moved overseas may have assets in both countries, requiring a grant in the country of residence and possibly a reseal in New Zealand.