2016 will

[Cazza47]

Is it possible to access a will from someone who died in 2016 in New Zealand please?

[Janette]

You may need to check with the High Court in the city the person died.Are you sure there was a will?
If the estate is less than $15,000 a will does not have to go through probate.

https://nzlaw.co.nz/the-closing-chapter/probate/

Cheers Janette

[Cazza47]

Thanks Janette

[minniehaha]

You may need to check with the High Court in the city the person died.Are you sure there was a will?
If the estate is less than $15,000 a will does not have to go through probate.

https://nzlaw.co.nz/the-closing-chapter/probate/

Cheers Janette

Just to clarify in case others don't access the link, the actual wording is:

Probate must be applied for unless the deceased’s only assets are financial assets that don’t exceed $15,000 at any one institution.


Minniehaha.

[Fresh Fields]

On this subject compulsory KIWI SAVER accounts were new, and not very large, a few years back, so in one case I assisted with, it was overlooked in legal advise received. So I assisted with proceedings in organizing the less formal Letter of Administration, for the spouse of a deceased. The most valuable item we thought, was the deceased car, which went to his spouse regardless.

Well in, it was suddenly discovered that when the final wages owing was paid out, it put the deceased KS account over the individual item threshold, and probate did indeed have to be applied for.

Fortunately the spouse was able to call upon a lawyer neighbour, to tender the documentation to the court, but it added another $600 + GST to the costs of the estate.

Alan.


PS.  OOP"S thanks Minniehaha for the link, it refreshed my memory. In the above case in was a sudden death, of a younger person, and no will could be found.
 

Our family lawyer whom I contacted for advise, advised that the spouse could wind up the affairs as no large sums of money were involved. When we became aware of the final size of the KIWI SAVER account, the spouse had to apply for a LETTER OF ADMINISTRATION. Creating the additional expense. The Kiwisaver account could not be closed, until a letter of administration had been forwarded, due the the total surrender sum being JUST over the threshold at that date.

[minniehaha]

From 4 June 2013 all applications for probate have been filed at the Wellington High Court.


This link provides information on how to obtain a copy of probate and may be helpful:

https://www.justice.govt.nz/courts/high-court/apply-for-probate-and-get-copy-of-will/


Minniehaha.

[Cazza47]

Thank you