Estate Planning Questions
Direct answers to the questions Kiwi families most often ask about wills, trusts, probate and incapacity planning. One question per page, with the New Zealand legislation cited.
Each question below links to a dedicated page with a short answer at the top, a 300-to-500-word explanation drawing on the relevant statute or Inland Revenue guidance, and a CTA if you want a follow-up conversation. For the long-form FAQ with every common question grouped on one page, see our full FAQ.
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Family Trusts
Do I need a family trust?
A family trust is worth considering if you own real property worth more than $500,000, run a business with personal liability exposure, are in a blended family, or want to plan for aged care more than five years in advance. For first home buyers and renters with simple finances, a trust is usually unnecessary.
Read answer →How much tax will I pay on a family trust in NZ?
Trustee income in a New Zealand family trust is taxed at 39% from the 2024-25 income year. Beneficiary income is taxed at each beneficiary's marginal rate. The trust itself pays no GST unless registered for a taxable activity, and there is no inheritance tax.
Read answer →What is the Trusts Act 2019?
The Trusts Act 2019 is the modern New Zealand statute governing express trusts. In force since 30 January 2021, it codifies mandatory and default trustee duties, expands beneficiary information rights, and replaced the Trustee Act 1956.
Read answer →Probate
How long does probate take in NZ?
Most uncontested probate applications in New Zealand are granted by the High Court within 4 to 8 weeks of filing, though full administration of the estate usually takes a further 3 to 12 months.
Read answer →How much does probate cost in NZ?
The High Court filing fee for a probate application in New Zealand is $200. Lawyer fees for a simple, uncontested application typically range from $2,000 to $4,000, with more complex estates running $5,000 to $10,000 or more.
Read answer →What is probate in NZ?
Probate is the High Court grant that confirms a deceased person's will is valid and that the named executor has authority to deal with the estate. It is required before banks, Land Information New Zealand, and most third parties will release significant assets to the executor.
Read answer →When is probate not required in NZ?
Probate is not required in New Zealand when the estate holds only small bank balances under $15,000 per institution, jointly owned assets that pass by survivorship, or KiwiSaver and insurance with a binding nomination.
Read answer →Wills
Can a will be challenged in NZ?
Yes. A New Zealand will can be challenged on validity grounds (improper execution, lack of capacity, undue influence) or under the Family Protection Act 1955, Property (Relationships) Act 1976, or Law Reform (Testamentary Promises) Act 1949. Most claims must be filed within 12 months of probate.
Read answer →Do I need a lawyer to write a will in NZ?
No, New Zealand law does not require a lawyer to draft a will. A will is valid if it meets the section 11 Wills Act 2007 execution requirements, regardless of who drafted it. In practice, professional drafting reduces the risk of invalidity, ambiguity, and challenge.
Read answer →How much does a will cost in NZ?
A single will drafted by a New Zealand lawyer typically costs $400 to $700. A couple's mirror wills plus enduring powers of attorney for both partners is commonly $800 to $1,500. Wills with testamentary trusts or international assets cost more.
Read answer →Can't find your question?
We add new question pages as the questions arrive. If you would like a direct answer to your situation, book a free consultation and we will reply with a written summary.