Losing a loved one is never easy. Alongside the emotional impact, there are practical and legal steps involved in estate administration, including identifying assets, obtaining probate and distributing the estate. At Holland Beckett, our goal is to make this process as straightforward as possible. As part of that, we explain the legal terminology you may …
Understanding estate administration: a plain english guide Read More »
What has changed? Effective 24 September 2025, the threshold for informal administration under the Administration Act 1969 has increased from $15,000 to $40,000, reducing the need for a formal probate application or letters of administration in some circumstances. This long-awaited change (which had not been updated since 2009) brings significant relief for families dealing with …
What is a testamentary guardian? A testamentary guardian is a person appointed by Will or Deed to help make important decisions about a child’s upbringing after a parent’s death. By appointing a testamentary guardian you are not appointing somebody to care for your child if you die. That is something quite different and cannot be …
What does an executor do? Being appointed as an executor of a Will carries important legal responsibilities and is a key role in the estate administration process. You are entrusted with administering the estate in accordance with the Will and New Zealand law. This includes identifying and managing all assets, which may range from bank …
I am the Executor named in a Will: what happens next? Read More »
Making sure you have a Will in place is one of the most valuable estate planning actions you can take to support and guide your loved ones after you pass away. In your Will, you can decide who is in charge, and instruct exactly how your assets should be dealt with when you die. When …
We often get enquires for missing Wills (of course, these are not Wills that we have drafted – those are safely stored in the Holland Beckett deeds safe!). Why finding the original Will matters Locating a missing Will can be stressful, particularly when an executor or family member needs to begin the estate administration process …
How to find out if someone has a Will: a guide to missing Wills in New Zealand Read More »
If a Will is technically valid, the mere circumstances in which it is prepared makes the Will more vulnerable to challenge. The rule known as the “golden rule” is a measure of what might be considered best practice for lawyers in the preparation and execution of a Will. While the “golden rule” is not a …
The Golden Rule and its application in Gorringe v Pointon [2023] NZCA 42 Read More »
Ideally, a Will is prepared with a lawyer after careful consideration. Someone facing imminent death or decline may want to urgently prepare a new Will or update their current Will. These Wills are often referred to as deathbed Wills, last minute Wills or bedside Wills. These Wills are valid if executed properly. Technical Requirements For …
If you feel like you haven’t been properly provided for by a close family member or friend, you are able to apply to the Court for this to be changed. This can be done in a number of ways, but the two main laws are the Family Protection Act 1955 (FPA) and the Law Reform …
Your Will contains your instructions about what you want done with your property when you die and how you want those that depend on you (your spouse, de facto partner, children, etc) to be looked after. It is important to consider what happens if there is an unexpected change in circumstances, if you become seriously …
