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Wills & Estates Guides

Guides on making a will, choosing an executor, dying intestate and challenging a will.

Wills & Estates FAQs

Do I legally need a will?
You are not legally required to have a will, but having one allows you to record who should receive your assets and who should administer your estate. Without a valid will, statutory intestacy rules determine how your estate is distributed.
Can I make my own will?
It is possible to prepare your own will, but it must comply with New Zealand's legal requirements to be valid. Mistakes in signing, witnessing or wording can create uncertainty or lead to a challenge later.
Who should I choose as my executor?
Choose someone responsible, organised and willing to undertake the role. The executor may need to manage assets, debts, court applications, beneficiaries and estate distribution.
What is probate?
Probate is an order from the High Court confirming the will and authorising the executor to administer the estate. Whether probate is required depends on the estate and the organisations holding its assets.
What are letters of administration?
Letters of administration give an appointed administrator legal authority to manage an estate when there is no valid will, no executor able or willing to act, or another issue preventing an ordinary grant of probate.
Can I change my will?
Yes. You can generally change, replace or revoke your will while you have the required mental capacity. Changes should be completed correctly so they do not accidentally invalidate part or all of the will.
Does separation or divorce automatically change my will?
Changes in a relationship can affect how parts of a will operate, but you should not assume that your entire will has automatically become ineffective. Reviewing it promptly with a lawyer is recommended.
Can someone challenge a will?
Potentially. Claims may concern the validity of the will, family provision, promises made by the deceased or relationship-property rights. Strict time limits may apply, so early legal advice is important.
How long does estate administration take?
There is no single timeframe. It depends on the estate's complexity, whether probate is required, the number and location of assets, tax matters, property sales and whether any disputes arise.

These guides provide general information only and are not a substitute for legal advice tailored to your circumstances.

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