Don't Leave Your
Family Without a Plan

Yes. Without a Will, the Administration Act determines who receives your estate — which may not reflect your wishes at all. A Will also lets you appoint guardians for young children, choose your executor, and make an already difficult time significantly easier for the people you leave behind.

Your estate is distributed according to the Administration Act 1969 — a fixed legal formula that divides assets between spouse, children, and other relatives. This often doesn't reflect what people actually wanted. It can also mean delays, higher costs, and family disputes that a simple Will would have prevented.

Technically yes, but it carries real risk. Wills must meet strict legal requirements to be valid — including proper witnessing and signing. A poorly drafted Will can be challenged, create ambiguity, or fail to achieve your intentions. A lawyer-drafted Will is a small investment that protects everything you've built.

Review your Will after any major life event — marriage, separation or divorce, the birth of children or grandchildren, a significant change in assets, or the death of a named beneficiary or executor. As a general rule, a review every three to five years is good practice even if nothing major has changed.

A Will comes into effect only after you pass away. A Trust operates during your lifetime and continues after your death. Trusts can protect assets from creditors and relationship property claims, give you control over how and when assets pass to the next generation, and provide ongoing management for beneficiaries who may need it.

Not everyone needs one, but many New Zealanders benefit significantly from a properly structured family trust. They are particularly useful if you own a business, have significant assets, are in a blended family, want to protect inheritance from future relationship property claims, or wish to provide for a vulnerable beneficiary long-term.

Yes — when set up correctly and well before any relationship difficulties arise. Assets owned by a properly structured trust are generally not relationship property. However, the trust must be genuinely independent and managed properly. We advise on trust structure and administration to ensure that protection holds up.

An Enduring Power of Attorney (EPA) is a legal document that appoints someone you trust to make decisions on your behalf if you lose mental capacity. In New Zealand there are two types: one for property and finances, and one for personal care and welfare. Both are important and work together to ensure you're protected.

Without an EPA, no one has automatic legal authority to manage your affairs — not even a spouse or adult children. Your family would need to apply to the Family Court for a property manager or welfare guardian, which is a costly, slow, and stressful process. An EPA avoids this entirely.

We offer agreed-fee options for standard documents including Wills and Enduring Powers of Attorney. More complex work — such as family trust structures, succession plans, and contracting out agreements — is quoted after an initial consultation once we understand your specific circumstances. Independent legal advice (e.g. for a donor or attorney on a Power of Attorney) is $400 + GST. There are never any hidden costs.

A simple Will and EPAs can typically be completed within one to two weeks of your initial consultation. More complex matters such as trust structures or succession planning may take three to six weeks depending on the complexity and the time needed to gather information. We'll always give you a clear timeline upfront.

Not necessarily. We can handle most of the process via phone, email, and video call. Some documents do require in-person signing with witnesses, but we'll organise that at a time convenient to you. We're also happy to meet in person if you prefer — we find it makes for a more thorough conversation.

No. We do not act in disputed matters or any matter that is likely to proceed to court. Our focus is on careful planning and drafting that prevents disputes from arising in the first place. If your matter involves litigation, we recommend seeking advice from a firm that focuses on contentious estates.

Yes — and it does happen. However, if a challenge leads to court proceedings, that falls outside the scope of what we do. What we can do is ensure your Will is drafted with precision and clear records of your intentions, which is the best way to minimise the risk of a successful challenge in the first place.

A testamentary trust is created within your Will and only comes into existence when you die. It can be used to hold assets for young children until they reach a certain age, provide for a beneficiary with special needs, or protect assets from a beneficiary's relationship property claims. A family trust, by contrast, is established during your lifetime and operates immediately.

A family trust is not a "set and forget" arrangement. Trustees must act in the best interests of the beneficiaries, keep proper records, hold trustee meetings, and make genuine decisions about distributions. Trusts that are not properly administered can lose their protection. We advise on ongoing compliance and can assist with annual trustee resolutions and reviews.

Yes — this is a common and entirely legitimate structure. Many people act as trustees of their own family trust while also being named as beneficiaries. However, the Trusts Act 2019 requires that there is at least one trustee who is not a beneficiary, or that there are at least two trustees. We ensure your trust deed is properly structured from the outset.

Yes. Transferring your family home into a family trust is one of the most common reasons people establish trusts in New Zealand. It removes the property from your personal ownership, which can protect it from relationship property claims, creditors, and assist with estate planning. There are costs involved in the transfer, and we will explain these fully before you proceed.

A business succession plan sets out what happens to your business if you die, become incapacitated, or decide to exit. Without one, your business may be left in limbo — causing significant financial and operational harm to your family and co-owners. We work with business owners to structure plans that protect the value of the business and provide a clear path forward.

Your company shares form part of your estate and will pass according to your Will — or the rules of intestacy if you don't have one. However, your company's constitution or any shareholder agreement may also contain provisions that restrict who shares can be transferred to. We review these documents to ensure your Will and business arrangements work together properly.

Holding business interests through a family trust can offer asset protection and estate planning benefits, but it is not the right structure for every business. There are tax, governance, and practical considerations to weigh. We advise on the most appropriate ownership structure for your circumstances and work alongside your accountant to ensure everything is aligned.

A blended family is one where one or both partners have children from a previous relationship. This creates competing obligations — to your current partner, to your own children, and potentially to stepchildren — that a standard Will may not adequately balance. Without careful planning, the law may produce an outcome that nobody intended and that triggers expensive Family Protection Act claims from your children or stepchildren.

The Court of Appeal's 2025 decision in Rimmer v Wilton significantly changed how contracting out agreements (s 21 PRA agreements) apply on death. Previously, many practitioners understood that a surviving partner who elected Option B would simply take property by Will or intestacy, without the contracting out agreement interfering with the legal ownership structure. Rimmer changed this: the agreement is now the starting point on death regardless of which option is chosen. If you have a contracting out agreement — even a very old one — it may now override joint tenancy or other ownership structures you have relied on for estate planning. We strongly recommend a review.

You can try, but it carries real risk. If you leave everything to your partner and make no provision for your children, they may have a valid Family Protection Act claim against your estate. Even if no claim is made, there is no legal mechanism to require your partner to later provide for your children — and any assets that pass to your partner become part of their estate on their death, potentially passing to their own children instead of yours. A more secure approach is to make some immediate provision for your children in your Will, and consider life interests or trust structures for longer-term protection.

A life interest gives your surviving partner the right to live in (or receive income from) a property during their lifetime, with the property then passing to your children when they die. It balances your partner's need for security with your children's eventual inheritance. For a life interest in the family home to work, the property must be owned as tenants in common — not as joint tenants. If you own jointly, the property passes by survivorship and cannot be captured by a life interest. We will check your title and advise on the correct structure before any documents are prepared.

Yes — assets held in a properly structured family trust do not form part of your estate and therefore cannot generally be the subject of a Family Protection Act claim from your children. This has been confirmed by the Supreme Court. However, trusts must be genuinely structured and managed — they cannot be shams or clearly intended only to defeat claims. They also come with ongoing compliance costs and governance obligations. Trusts are an excellent solution where a couple has sufficient assets and is comfortable with the structure, but they are not appropriate for everyone.

This creates a significant conflict of interest — particularly in a blended family where your children may have claims against the estate. A surviving partner acting as sole executor may struggle to impartially deal with those claims, disclose estate information to potential claimants, or take steps that are to their own detriment. In blended families, we strongly recommend appointing an independent co-executor or professional executor, and ensuring your surviving partner takes independent legal advice before applying for a grant of probate — especially if a contracting out agreement exists.

Stepchildren only qualify as eligible claimants under the Family Protection Act if they were being maintained by you — or legally entitled to be maintained by you — before your death. If you were not financially supporting them, they generally do not have a claim. However, they may have other potential claims depending on the circumstances, such as a testamentary promise claim if you made assurances about what they would receive. The safest approach is to address stepchildren explicitly in your Will, even if only to record your reasons for not providing for them.

An executor is the person you appoint in your Will to carry out your wishes after you die. Their duties include obtaining a grant of probate, collecting and valuing assets, paying debts and taxes, and distributing the estate to beneficiaries. It can be a substantial responsibility. We help executors understand their obligations and guide them through every step of the process.

Probate is a court process that confirms the validity of a Will and authorises the executor to deal with the estate. Not all estates require probate — it depends on the nature and value of the assets. Assets held in a trust, jointly owned property, and KiwiSaver often pass outside of the estate without the need for probate. We advise on whether probate is needed and manage the application if it is.

A straightforward estate can often be administered within three to six months. More complex estates — particularly those involving trusts, business interests, property overseas, or creditor claims — can take considerably longer. We keep beneficiaries informed throughout and work efficiently to bring the administration to a close as promptly as possible.

If someone dies without a Will (intestate), the Administration Act 1969 determines how the estate is distributed and who can apply to administer it. A family member will need to apply to the court for Letters of Administration rather than probate. The process is more complex and the outcome may not reflect what the deceased would have wanted — which is why having a Will matters.

We're sorry for your loss. In the immediate days after a death, the most important steps are registering the death, locating the Will (if there is one), and identifying who the executor is. You don't need to act on the estate immediately — there is no strict legal deadline in the first few weeks. When you're ready, contact us and we'll walk you through the process at whatever pace works for you.

Being named as executor is an honour, but it carries real legal responsibility. You are obliged to locate and protect the estate's assets, obtain probate if required, pay debts and taxes, and distribute the estate according to the Will. You can be personally liable if you make mistakes. Most executors engage a lawyer to manage the process on their behalf — it significantly reduces stress and ensures everything is done correctly.

It depends on the bank and the amount held. Most New Zealand banks will release small balances (typically under $15,000–$25,000 depending on the institution) without requiring a grant of probate. For larger accounts, or where the bank requires formal authority, you will need probate or Letters of Administration before funds can be released. We can write to banks on your behalf and advise on what documentation each institution requires.

How the family home is dealt with depends on how it was owned. If it was owned solely by the deceased, it forms part of the estate and passes according to the Will (or intestacy rules). If it was jointly owned, the surviving owner usually becomes the sole owner automatically — we can arrange the transfer at Land Information New Zealand. If it needs to be sold or transferred to a beneficiary, we manage the conveyancing as part of the estate administration.

Generally no. As executor, you should not distribute estate assets until probate has been granted and all debts, taxes, and potential claims against the estate are known and settled. Distributing early can expose you to personal liability if a creditor or family member later makes a claim. We advise on what can be released early (such as reasonable funeral expenses) and what must wait.

Will disputes are unfortunately common, particularly where families are blended or someone feels they were unfairly left out. In New Zealand, eligible people can make a claim under the Family Protection Act 1955 for adequate provision from the estate. As executor, you have obligations to both defend the Will and deal fairly with all parties. Please note — if a matter is likely to be contested in court, we will refer you to specialist litigation counsel, as contested estates are outside the work we handle.