Our solicitors provide assistance for all potential and existing beneficiaries wishing to contest an estate as well as acting for beneficiaries and executors needing to defend against any estate claims.
At Convey Law, we understand that losing a loved one is a time of immense difficulty and hardship and the onset of legal issues can add undue stress to the situation. Our solicitors will guide you through the process of estate administration by explaining your responsibilities and liabilities, obtaining formal administration such as Probate or Letters of Administration from the High Court, managing assets, paying off any estate debts, filing tax returns and distributing estate assets to the beneficiaries.
Our solicitors bring sensitivity and compassion to each case and provide you with the efficient service needed to swiftly handle both simple and complicated estate matters with ease.
We advise on:
- Estate Administration
- Distribution of assets to beneficiaries
- Executor’s Duties
- Jointly held assets
Our solicitors can advise executors on understanding their role, responsibilities, legal liabilities, tax obligations and filing tax returns for the estate and the deceased, paying estate debts and how to distribute the estate according to the Will or Administration Act.
Jointly held assets
When any assets are jointly owned such as jointly held bank accounts or jointly held property, it becomes the property of the survivor(s) upon the death of one party and is not included in the estate.
Our solicitors can assist you in transmitting the property to the survivor(s). If this process is undertaken at the time of death, only a Death Certificate is required. However, when this process is overlooked, and the survivor also passes away, a Probate or Letters of Administration will need to be obtained for both estates. This can be further complicated by a significant lapse in time.
Obtaining a probate is necessary in order to have the Will of the deceased be formally accepted as the last Will. This applies when the deceased person had a valid will and held an extensive amount of assets in their name with a value exceeding $15,000 including but not limited to investment, shares or life insurance. Our solicitors are experienced in preparing and filing for Probate with the New Zealand High Court and can ensure a fuss-free experience.
In the event that the deceased had no Will, the estate is administered with accordance to the Administration Act 1969. Our solicitors will apply for Letters of Administration and all necessary documentation as well as advise you on how the estate must be distributed to the beneficiaries.
Administering the Estate
Our solicitors can advise you on the assets and liabilities of the estate, pay any bills and debts on behalf of the estate as well as advise on the tax obligations and file for a tax return.
In some situations, you may encounter a need to challenge or contest a Will. Our solicitors are trained to assist you in understanding the legal implications and the judicial interpretation of the law. Whether you want to make testamentary capacity claims, adopted or estranged children’s claims, Family Protection claims and relationship property claims, our experienced team can guide you through the entire process, lay out your options and provide practical advice on the merits of your case to the likely outcomes as well as any involved risks.