Intestacy Made Easy 2025 - On Demand

Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $185 - Law Society members and Associate members
• $265 - 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

The death of a family member is an extremely stressful time, and this stress can be compounded when the deceased has died without a will. Even when there is a will, if gifts fail, there may be an intestacy or partial intestacy. You need a clear pathway to guide stressed family members. This module delivered by experienced presenters will bring the subject matter to life with real world examples and discussion. It is designed to help you effectively guide your clients through the process of an intestate deceased estate as efficiently as possible.

This module will include:

• An overview of the intestacy process
• A practical toolbox including checklists and a template reference kit
• Discussion of pitfalls and helpful tips and tricks.

Learning objectives

By completing this module you will:

• Gain a thorough understanding of the administration process.
• Receive practical tools and answers to your hard issues.

Electronic paper 

Authors: Theresa Donnelly, Henry Stokes
Published: 3 April 2025
Pages: 104

Introduction

When a loved one dies without a will it is a very uncertain time for family members. It can mean delays and extra costs. Despite the fact that the law has changed very little in recent times (intestacy is still governed by the Administration Act 1969) it is still a very important topic for lawyers and estate practitioners, and there are lots of fishhooks that can catch unwary practitioners out. There is still considerable confusion about exactly how the succession trusts work, or how far you need to go to search for missing beneficiaries even amongst those who do practice in this area. Getting caught out is a real issue if you come to this realisation after distribution. It is all very well that you can trace a mistaken payment, but that pales in comparison with actually doing it in practice and having to have that conversation with a client.

With 50% of New Zealanders dying without a will, and around 33,000 New Zealanders dying each year, the scale of intestacy is that it can impact 15,000 New Zealanders and their families every year. If you add in an expected increase in death rates due to an aging population and deaths with and of new varieties of flu and COVID this is an important topic for all. Estate practitioners need a solid foundation to help their clients navigate this space. Wills prepared during Lockdown prior to the Modification Order may never have been updated and replaced with fully valid wills. Despite advice to the contrary, clients may have thought they didn’t need to do anything else, and you may be dealing with an intestacy or validation exercise. Even where clients do have a will, if gifts fail there may be an intestacy or partial intestacy.(continued...)

PowerPoint Presentation

These are the slides included in the presentation.