Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

  • $145 - NZLS members and Associate members
  • $195 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

Presentation time: 120 minutes
2
CPD HRS

The death of a family member is an extremely stressful time, and this is compounded if they die without a will. As many as 50% of New Zealanders will die with no will, and even if they have a will there may be a partial intestacy or “special” intestacy (where the executors fail). It is crucial you understand the intestacy process, including the succession trusts and how far they go. If you get it wrong it can be too late to fix things after distribution.

This module will include:

  • The search for a will – what must be covered off
  • Discussions on testamentary documents – are you looking at a Validation instead?
  • An overview of the application itself; who can apply and the documents required
  • Understanding the succession trusts, how they work and how far they go
  • The search for beneficiaries – the steps you need to take, how far must you go and when you have done enough
  • Administration issues in brief, including Declarations of Family History.

Learning objectives

By completing this module you will:

  • Gain a thorough understanding of the intestacy process.
  • Attain answers to your hard issues.
  • Obtain up-to-date knowledge of succession trusts and everything related thereto.
  • Receive a practical tool box including checklists and a template reference kit.

Electronic paper 

Authors: Theresa Donnelly, Henry Stokes
Published: 15 September 2022
Pages: 74

Introduction

There is little more uncertain than what happens when someone dies without a will. And unfortunately, it is something that happens a lot. The statistics on this provide some pretty scary numbers. Approximately 33,000 New Zealanders die each year and with New Zealand’s aging population; numbers of deaths are expected to increase from year to year. With around 50% of New Zealanders currently dying without a will, the scale of the issue may impact 15,000 New Zealanders and their families every year. If you add in deaths with and of COVID/Omicron, this is a topic of significant importance to practitioners.

Like everything, COVID has changed this space. It has been harder for people to make valid wills under lockdown and COVID levels and sometimes that has meant that they simply haven’t. Even where clients do have a will, if gifts fail there may be an intestacy or partial intestacy. Practitioners really need to know how to navigate the space. The death of a loved one or a friend is a very difficult time for anyone. Most lay people have no idea what estate administration entails and certainly no level of understanding of the legal technicalities that can affect it. If you are lucky, they may have a vague awareness of the need to obtain probate for a will. They will almost certainly not know what is entailed where there is no will. As the professional advisor assisting them in navigating all of this, you have your work cut out for you. (continued...)

PowerPoint Presentation

These are the slides included in the presentation.

DONNELLY Theresa STOKES Henry  
Theresa Donnelly
Legal Services Manager, Perpetual Guardian
Auckland
Henry Stokes
General Counsel, Perpetual Guardian
Auckland
 

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