Guide For Overseas – Based Individuals Making A Will For Assets In New Zealand

The aim of this article is to provide a guide for making a Will and the procedure of estate administration when the deceased is domiciled in a country other than New Zealand, a Commonwealth country or the Republic of Ireland.

Types of property

There are two types of property. The first type is immovable property, which includes land and anything that is fixed to the land, such as buildings. The second type of property is movable property, which would include anything that is not immovable property such as bank accounts, shares in a company, motor vehicles. The procedure for estate administration in New Zealand will depend on the types of property the deceased owned in New Zealand at the time of his or her death.

Immovable property

If assets in New Zealand include land or real estate, a Will must be prepared in accordance with New Zealand law. For a Will to be valid under New Zealand law, the Will must be in writing, signed by the will-maker and witnessed by two independent people in the will-maker’s presence and in the presence of each other. The Will should also be dated at the same time it is signed. (Wills Act 2007, s 11)

Movable property

If assets in New Zealand do not include land and comprise only bank accounts, shares or other movable property, the Will must be made in accordance with the law of the country where:- (a) the Will was signed; or (b) the deceased was domiciled when the Will was signed; or (c) the deceased was originally domiciled (the Will must be made in accordance with the law in force at the time the Will was signed); or (d) the deceased was domiciled at the time he/she died. (Wills Act 2007, s 22(5))

For information on the procedure for estate administration in New Zealand, please refer to our article here.

Fortune Manning Lawyers

Recent Posts

September is Wills Month in New Zealand

Researchers say our brains do their best to keep us from dwelling on our inevitable demise. It is probably no…

2 months ago

You have the right to remain silent …. Or do you?

Have you ever been stopped by the police while driving and wondered what information you have to provide them? This…

9 months ago

Even more reason to have a Relationship Property Agreement

Transferring your assets to a trust even before you are in a de facto relationship, does not prevent those assets…

11 months ago

Tis the Season to be Confused …

With Christmas approaching, employers are again having to navigate the complexities of the Holidays Act. New legislation, providing clear methods…

11 months ago

Melco v Hall – Beware of Your Conduct!

In this 2022 Supreme Court’s decision, the Court confirms the relevance of the conduct of the party cancelling an agreement.…

1 year ago

This website uses cookies.