Probate Lawyers in New Zealand

The Wills & Estates practice area focuses on helping people manage the legal aspects of a person's estate after they have passed away. This is especially important in the area of Probate, which is the process of proving that a will is valid and ensuring that the deceased person's wishes are carried out according to New Zealand law.

What is Probate?

Probate is a legal process that takes place when someone dies and leaves behind a will. The will outlines how the deceased wanted their belongings, money, and property to be distributed. For example, if a person named their children as beneficiaries in their will, the Probate process helps ensure that those children receive their inheritance as intended.

Why is Probate Important?

Probate is important because it provides a clear legal framework for dealing with the deceased's estate. It helps to:

• Confirm the validity of the will.
• Appoint an executor, who is responsible for managing the estate.
• Ensure that debts and taxes are paid before any assets are distributed.
• Resolve any disputes that may arise among family members or beneficiaries.

How Does the Process Work?

In New Zealand, the Probate process generally involves the following steps:

1. Applying for Probate: The executor submits the will and a formal application to the High Court.
2. Notifying Beneficiaries: All beneficiaries named in the will must be informed about the application.
3. Paying Debts: The executor must pay any outstanding debts and taxes from the estate before distributing assets.
4. Distributing Assets: Once debts are settled, the executor can distribute the remaining assets according to the will.

What if There is No Will?

If someone dies without a will, they are said to have died "intestate." In this case, New Zealand law determines how their estate will be divided. This can sometimes lead to disputes among family members, making it even more important to seek legal advice.

Getting Help

Dealing with the loss of a loved one is never easy, and the legal processes can be complicated. A lawyer who specialises in Wills & Estates, particularly in Probate, can guide you through the process, ensuring that everything is handled correctly and according to the law.

In summary, the Wills & Estates practice area, with a focus on Probate, is essential for ensuring that a deceased person's wishes are respected and that their estate is managed fairly and legally in New Zealand.