Your Estate.
Protected. Planned.
Passed On.

Estate planning is the process of arranging what happens to your assets, finances and personal care when you die or lose capacity. A complete estate plan typically includes a Will (setting out who receives your estate and who administers it), Enduring Powers of Attorney (appointing decision-makers while you are alive), and for some people a family trust or specific asset structuring. The goal is to make sure your intentions are clear, legally effective, and as straightforward as possible for your family.

Your estate is distributed according to the intestacy rules under the Administration Act 1969 — not according to your wishes. Under those rules, a surviving spouse or partner receives personal chattels plus the first $155,000, with the remainder split between the spouse and any children. If there is no spouse or children, assets pass to parents, then siblings, in a fixed statutory order. The distribution may not match what you would have chosen, and the process takes longer without a Will in place.

Probate is the High Court process that confirms a Will is valid and gives the executor authority to administer the estate. Most asset holders — banks, the Inland Revenue, Land Information New Zealand — require a grant of probate before they will release or transfer assets. Where there is no Will, a family member must apply for letters of administration instead. We manage the entire process and provide an agreed fee before we begin.

All fees are agreed upfront before any work begins. A standard Will is $600 + GST; a more complex Will (blended families, specific trusts or conditions, larger or unusual estates) is $1,000 + GST. Enduring Powers of Attorney, family trusts and estate administration are quoted individually based on your situation. We will always give you a clear fee before we start.

Not everyone does. Family trusts can be useful for asset protection, managing how wealth passes between generations, and in some cases for residential care subsidy planning under the Residential Care and Disability Support Services regulations. The Trusts Act 2019 now imposes clear duties on trustees, so trusts need to be properly administered. We can advise whether a trust is the right structure for your situation — and review or wind up existing trusts that may no longer be fit for purpose.

An Enduring Power of Attorney (EPA) is a legal document made under the Protection of Personal and Property Rights Act 1988. There are two types: a Property EPA (authorising someone to manage your finances and property) and a Personal Care and Welfare EPA (authorising someone to make health and welfare decisions). You can only make an EPA while you have the mental capacity to do so. Without one, your family may need a court order to act on your behalf if you lose capacity — a process that is slow and expensive.

The Property (Relationships) Act 1976 gives a surviving spouse or de facto partner rights to claim against your estate — even where a Will says otherwise. A contracting-out agreement under section 21 of that Act can clarify how relationship property is to be dealt with. This is particularly important for blended families, second relationships, and people with significant separate property. We advise on both the estate planning and relationship property dimensions to make sure your plan holds together.

As a guide, review your estate plan every three to five years, and after any significant life change — marriage or civil union, separation or divorce, the birth of children or grandchildren, a death in the family, a major change in assets, or the purchase or sale of property. Note that marriage or civil union automatically revokes a prior Will in New Zealand under the Wills Act 2007, unless the Will was made in contemplation of that marriage.