Wills & Estate Planning
Safeguard your hard-earned assets and ensure your family's long-term security. Personally led by principal solicitor Ian Mellett, Quay Law provides expert advice on Will drafting, estate administration, and Enduring Powers of Attorney (EPA) in Remuera, Auckland.
Enquire About a WillThe Intestacy Default Trap
If you pass away without a valid Will (intestate), your estate is distributed strictly according to Section 77 of the Administration Act 1969.
Our Estate Planning & Wills Silo
Last Will & Testament
Understand the core mechanics of your Will. Choose executors, assign guardians for minor children, and distribute assets clearly.
Will Validity Rules
Ensure your Will meets New Zealand's formal witnessing and mental capacity criteria to prevent future challenges.
When to Update Your Will
Major life events like marriage, divorce, purchasing a home, or having a child automatically alter or nullify Will covenants.
Powers of Attorney
Establish Enduring Powers of Attorney (EPA) for Property and Welfare to manage care if you lose capacity.
Vett EPA Forms ->Estate Administration
Guide executors through applying for High Court Probate, identifying assets, and paying estate outgoings.
Probate Vetting ->DIY Will Kit Dangers
Expose the severe legal risks of home-drafted DIY Will templates, invalid execution, and estate battles.
DIY Kit Risks ->Estate Planning Overview
Coordinate your Wills, Family Trusts, and asset planning structures into a unified asset protection system.
Overview Guide ->Administration Act 1969 Intestate Default Splits
When a New Zealand resident dies intestate (without a valid Will), the estate is distributed strictly based on family ties. This table demonstrates the default statutory splits:
| Surviving Relatives | Statutory Estate Distribution Split |
|---|---|
| Spouse/Partner only (No children, no living parents) |
Spouse/Partner receives 100% of the estate. |
| Spouse/Partner AND Children |
Spouse/Partner receives all personal chattels, a statutory legacy of $155,000, and one-third of the residue. The children receive the remaining two-thirds of the residue split equally. |
| Spouse/Partner AND Parents (No children) |
Spouse/Partner receives all personal chattels, a statutory legacy of $155,000, and two-thirds of the residue. The living parents receive the remaining one-third of the residue. |
| Children only (No spouse/partner) |
Children receive 100% of the estate split equally (held in trust if under 18). |
| No Spouse, Children, or Parents |
Estate goes to wider family in order: brothers/sisters, grandparents, uncles/aunts. If none exist, the estate passes to the Crown as "bona vacantia". |
High Court Probate ($15,000 Threshold)
Under the Administration Act 1969, if a deceased person holds any single asset (such as a bank account, life insurance policy, or shares) worth more than $15,000 with a financial institution, that institution cannot release the funds to the executors without seeing a grant of Probate issued by the High Court.
**Real Estate Exception**: Any real estate owned in the deceased's sole name automatically requires a grant of Probate to transfer title ownership to beneficiaries, regardless of value.
We prepare High Court Probate applications and guide executors through the formal court filing requirements to ensure estate assets are released smoothly.
Enduring Powers of Attorney (EPA)
A Will only takes effect *after* you pass away. If you become mentally incapacitated due to illness, stroke, or accident during your lifetime, your family cannot access your bank accounts or make care decisions without an Enduring Power of Attorney (EPA):
- - **Property EPA**: Authorizes attorneys to manage bank accounts, mortgages, real estate, and bill payments. Can be activated immediately or only upon incapacity.
- - **Personal Care & Welfare EPA**: Authorizes an attorney to make medical treatment, nursing home, and lifestyle decisions. Activates *only* upon medical certification of incapacity.
We draft custom EPAs and act as the statutory independent witness to certify the forms.
Schedule an Estate Planning Session with Ian Mellett
Ensure your family's future, draft valid Wills, establish EPAs, and coordinate High Court Probate. Contact our Remuera office today.
Request an Estate QuoteFrequently Asked Questions
Yes. Wills can be challenged under several NZ statutes: the **Family Protection Act 1955** (if you fail to provide proper maintenance for close family members), the **Law Reform (Testamentary Promises) Act 1949** (if you promised someone an inheritance in exchange for services), and the **Property (Relationships) Act 1976** (where a surviving spouse can elect to claim half the relationship property instead of taking under the Will). We draft Wills to minimize these dispute risks.
Probate is granted by the High Court when the deceased left a valid Will naming executors. Letters of Administration are applied for when the deceased died intestate (without a valid Will) or left a Will without surviving executors. The High Court appoints an administrator (usually the next of kin) to manage the estate, which is a slower and more expensive process.
We recommend reviewing your Will every 3 to 5 years, or immediately following major life events: marriage (which automatically revokes an existing Will unless drafted in contemplation of marriage), divorce (which revokes gifts to your ex-spouse), buying real estate, starting a trust, or welcoming new children or grandchildren.
Instruct Quay Law for Your Transaction
Contact our Remuera office to discuss your sale or purchase contract, title checks, or financing arrangements.