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On Demand Module l Electronic booklet l PowerPoint Presentation
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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.
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Authors: Theresa Donnelly, Henry Stokes
Published: 15 September 2022
Pages: 74
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...)
These are the slides included in the presentation.
Theresa Donnelly Legal Services Manager, Perpetual Guardian Auckland |
Henry Stokes General Counsel, Perpetual Guardian Auckland |