Wills & Estates in New Zealand

Do we need probate, and how long does it take?

You need probate if any single institution — a bank, KiwiSaver provider, share registry — holds more than $40,000 in the deceased's sole name (the threshold rose from $15,000 on 24 September 2025). Executors apply to the High Court; straightforward, properly prepared applications are usually granted in a matter of weeks, though times vary. Jointly held assets generally pass to the survivor without probate.

What happens if someone dies without a will in New Zealand?

The intestacy rules in the Administration Act 1969 decide everything. With a surviving spouse or partner and children: the spouse takes the personal chattels, the first $155,000, and one third of what's left — the children share the other two thirds. A partner but no children (with surviving parents): the partner takes the chattels, $155,000 and two thirds of the remainder, the parents one third. No partner: children take everything equally, then parents, then wider family. De facto partners of 3+ years count. The defaults fit almost nobody's actual wishes — which is the argument for a will in one sentence.

I was left out of my parent's will. Can I challenge it?

Quite possibly. Under the Family Protection Act 1955, children — including financially independent adult children — can claim that a will failed to make adequate provision for their proper maintenance and support, and New Zealand courts uphold such claims more readily than most countries. Spouses, partners and some grandchildren can also claim. The clock is the thing: claims generally must be brought within 12 months of the grant of administration, and sooner is far stronger — once an estate is distributed, recovery gets much harder.

I'm the surviving partner — do I just take what the will gives me?

Not necessarily. You have a choice under the Property (Relationships) Act: take what the will provides, or elect a relationship-property division instead — broadly, claim your half of the relationship property first, as if you had separated. Where a will is ungenerous, the election can be dramatically better; where it's generous, electing would be a mistake. The choice is one-time, on strict time limits from the grant of administration, and is exactly the kind of decision to price against a NZ$295 consultation before it's made.

Someone promised me a share of their estate for years of help, then the will left me nothing. Do I have rights?

New Zealand has a statute for precisely this: the Law Reform (Testamentary Promises) Act 1949. If you provided work or services — care, farm labour, running a household — on an express or implied promise of reward in the will, the court can order the estate to make good the promise. Evidence of the promise and the services is everything, and the time limits are short once administration is granted.

What does an executor actually have to do — and can I say no?

An executor gathers the assets, obtains probate where needed, pays the debts and taxes, defends or settles any claims, and distributes what remains under the will — with personal legal duties to the beneficiaries at every step, including the practical wisdom of waiting out the challenge windows before distributing. You can decline the role before you start ("renounce"), but acting and then abandoning it is not an option. Executors can and should get advice at the estate's expense when anything is contentious.

What is an enduring power of attorney and do I need one?

An enduring power of attorney (EPA) under the Protection of Personal and Property Rights Act 1988 appoints someone to act for you if you lose mental capacity — one EPA covers property and money, another covers personal care and welfare. Without them, your family may need a Family Court order to manage your affairs. EPAs must be witnessed with independent legal advice on the donor's side, and they are standard companions to a will, not an optional extra, for anyone with assets or dependants.

Is this legal advice? Are you a law firm?

No. Legal Hotline is not a law firm. The free line gives clear, general legal information about New Zealand wills and estates law — not legal advice on your specific situation — and calling creates no lawyer-client relationship. For drafting, probate, administration or a claim, book a one-hour consultation with an expert New Zealand wills and estates lawyer for a fixed NZ$295 (GST inclusive), right on the call.