Burial and cremation Burials: Legal requirements Documents that have to be completed before a burial You’ll need to: fill out the local council’s application form for the burial, and show the council a copy of the Certificate of Cause of Death given…
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Burial and cremation Cremation: Legal requirements In New Zealand, cremation is more common than burial: it’s been estimated that about 70% of deceased New Zealanders are cremated. Cremations take place in crematoriums run by local councils and by some private operators. Documents…
Burial and cremation Donating organs: Who decides The Human Tissue Act 2008 first looks to whether the deceased had made an informed decision before they died, but allows the deceased’s immediate family to give consent to – or object to – organ…
Dealing with the deceased’s property: Wills, intestacy, and small estates Overview Whose job is it to deal with the deceased’s property? If there’s a will, this is done by the “executor” appointed by the deceased. If there isn’t a will (or if…
Dealing with the deceased’s property: Wills, intestacy, and small estates Getting court approval to deal with the estate How do I find out if the deceased had a will? How do I find their will? If you’re not sure if the deceased…
Dealing with the deceased’s property: Wills, intestacy, and small estates Small estates: No need for court approval Court approval not necessary for amounts under $15,000 Administration Act 1969, ss 64–65, 82A Administration (Prescribed Amounts) Regulations 2009, reg 4 If the estate is a…
Dealing with the deceased’s property: Wills, intestacy, and small estates Identifying and collecting all the property After you’ve got formal approval from the courts to deal with the estate, you’ll need to do the following things: identify all of the deceased’s assets…
Dealing with the deceased’s property: Wills, intestacy, and small estates Distributing the property Once you’ve identified and collected all the property that the deceased owned (“gathered in” the estate), and dealt with any debts, taxes and legal claims the deceased might have…
Dealing with the deceased’s property: Wills, intestacy, and small estates Māori land Succession: Transfer of Māori land when an owner dies An order from the Māori Land Court is necessary to transfer the deceased’s land interests to their successors. If the deceased…
Challenging a will Overview You can challenge a will on the basis that it is not legally valid – for example, it wasn’t made and witnessed correctly (see: “Making a will”). If so, the court can declare it invalid, and an earlier…
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