Wills, probate & legal
Probate
Probate is a High Court order confirming the will is valid and the executor has authority to manage the estate. If there is no will, you apply for Letters of Administration instead.
Do you need probate?
- Property (house, land): Yes — cannot be transferred without probate
- Bank accounts over ~$15,000–$25,000: Usually yes (each bank sets its own threshold)
- Bank accounts under the threshold: Often released with a death certificate and signed indemnity — no probate needed
- Shares, investments: Usually yes
- Small estates with no property: You may not need probate at all — check with each institution
The process
- Gather information about all assets and debts
- File the original will + application at the nearest High Court registry
- Provide: death certificate, affidavit from the executor
- Court grants probate (straightforward cases: 4–8 weeks)
- Publish a notice for creditors
- Wait at least 6 months before final distribution (protects against unknown creditors)
Costs
| Item | Cost |
|---|---|
| High Court filing fee | ~$200 |
| Solicitor (simple estate) | $2,000–$5,000 |
| Solicitor (complex estate) | $5,000+ |
| Public Trust / Perpetual Guardian | Typically 1–5% of gross estate |
A private solicitor is often cheaper than a trustee company for straightforward estates. Trustee companies (Public Trust, Perpetual Guardian) are more useful when there's no suitable family executor, or the estate is complex or contested.
What happens if there's no will (intestacy)
If someone dies without a valid will, the estate is distributed under the Administration Act 1969:
| Situation | Who inherits |
|---|---|
| Spouse/partner, no children | Spouse/partner gets entire estate |
| Spouse/partner + children | Spouse/partner: personal chattels + ~$155,000 + one-third of the rest. Children share two-thirds equally. |
| No spouse/partner | Children share equally |
| No spouse/partner or children | Parents, then siblings, then grandparents, then aunts/uncles, then the Crown |
The $155,000 figure is adjusted periodically. Check the current amount with a solicitor or on the government website.
Challenging a will
Under the Family Protection Act 1955, certain family members can claim against the estate if they have not been adequately provided for. This includes spouses, partners, children, grandchildren, and parents of the deceased. Claims are generally made within 12 months of probate.
Relationship property
Under the Property (Relationships) Act 1976, when a partner in a marriage, civil union, or de facto relationship (3+ years) dies, the surviving partner has a choice:
- Option A: Take what the will (or intestacy) provides, OR
- Option B: Claim an equal share of relationship property (typically the family home, chattels, and property acquired during the relationship)
The surviving partner has 6 months from probate to make this election. If the will gives less than the PRA entitlement, Option B may be significantly more favourable.
Get legal advice on this. The relationship property election can make a major difference to what a surviving partner receives, especially in blended families or where the will is old.
Enduring Power of Attorney (EPA)
An EPA ceases on death. If you held EPA for the deceased, you no longer have authority to act on their behalf. The executor of the will (or administrator) takes over. This catches many people off guard.
There are two types of EPA in NZ:
| Type | Covers | When active |
|---|---|---|
| EPA for Property | Financial and property decisions | Can be immediate or on incapacity (your choice) |
| EPA for Personal Care & Welfare | Health, living, personal decisions | Only when the person lacks capacity |
If you are planning ahead and don't yet have an EPA, you should set one up alongside your will. Cost: approximately $250–$500 per EPA through a solicitor.
Advance directives (living wills)
An advance directive lets you specify what medical treatment you do or do not want if you become unable to communicate. In New Zealand:
- There is no specific legislation, but they are recognised at common law and under the Code of Health and Disability Services Consumers' Rights
- A valid advance directive refusing treatment is legally binding on health practitioners
- Must be made while the person is competent
- No prescribed form — but a clear, written, signed, and witnessed document is advisable
- Should be discussed with the person's GP and kept with their medical records
- Cannot request euthanasia (the End of Life Choice Act 2019 has a separate process)
Legislation referenced
Wills Act 2007 · Administration Act 1969 · Protection of Personal and Property Rights Act 1988 · Property (Relationships) Act 1976 · Family Protection Act 1955 · End of Life Choice Act 2019
Probate process: justice.govt.nz · Government guide: govt.nz
The information on this page is general in nature and does not constitute legal, financial, or medical advice. For advice specific to your situation, consult a qualified professional.
Dollar figures and entitlements change periodically. We link to authoritative sources where possible. Last reviewed: April 2026.