Wills and Estate Lawyers in Auckland
Start planning now to protect your future and the future of your loved ones.
Planning for the future is one of the most important steps you can take to protect your loved ones and ensure your wishes are respected. Having a legally valid will in place provides certainty that your assets will be distributed according to your intentions after you are gone.
At Galbraiths Lawyers, our experienced will lawyers in Auckland provide practical advice on wills, estate planning, and estate administration. We work with individuals and families across Howick and East Auckland to ensure their affairs are organised clearly and legally.
Having a Will drawn up will give you the certainty that your wishes will be met after you are gone. However, in order to achieve this peace of mind, it is important to obtain the right advice. Our lawyers can provide expert guidance on will planning and management to help prevent unnecessary complications following your death.
Whether you are preparing your first will or updating an existing one, our team can help you ensure your estate is structured in a way that protects your family and your assets.
Why Making a Will is Important
A will is a legal document that sets out how your property and assets should be distributed when you pass away. Without a valid will, your estate will be distributed according to New Zealand law rather than your personal wishes.
Creating a properly structured will can help to:
- Ensure your assets are distributed according to your intentions
- Protect your family and dependants
- Appoint trusted executors to manage your estate
- Reduce the risk of disputes between family members
- Simplify the estate administration process for your loved ones
Working with a qualified will lawyer in Auckland ensures your will meets all legal requirements and clearly reflects your intentions.
How a Will Lawyer Can Help
A will lawyer provides guidance to ensure your estate planning documents are legally valid and tailored to your personal circumstances.
At Galbraiths Lawyers, we assist with:
- Preparing new wills Updating existing wills
- Estate planning advice Appointing executors and trustees
- Ensuring assets are distributed according to your wishes
Our goal is to provide clear legal advice so you can make informed decisions about your estate planning and feel confident that your affairs are properly organised.
Enduring Powers of Attorney
Our services also include Enduring Powers of Attorney (EPA). An EPA is a legal document that allows someone you trust to make decisions on your behalf if you become unable to manage your own affairs due to illness or incapacity.
The person you appoint could be a trusted family member, friend, or professional adviser. Choosing the right person is an important decision, and our lawyers can provide pragmatic advice to help you determine the best option for your situation.
There are two main types of EPAs in New Zealand:
Property Enduring Power of Attorney
Allows someone to manage your financial affairs, including property, bank accounts, and other assets.
Personal Care and Welfare Enduring Power of Attorney
Allows someone to make decisions about your health, wellbeing, and living arrangements if you are no longer able to do so yourself.
Putting an EPA in place alongside your will helps ensure that your affairs can continue to be managed if you become incapacitated.
Estate Administration and Probate
When someone passes away, their estate must be administered according to the instructions set out in their will or the legal rules that apply if no will exists.
An experienced estate administration lawyer can assist executors and family members with navigating the legal process involved in managing an estate.
Our team can assist with:
- Probate applications
- Estate administration
- Managing estate assets and liabilities
- Distributing assets to beneficiaries
- Providing guidance to executors
Estate administration can be complex, particularly during what is often a difficult time for families. Professional legal advice can help ensure the process is handled efficiently and in accordance with the law.
Frequently Asked Questions
What happens to an estate without a will?
If someone passes away without a valid will, they are considered to have died “intestate”. In New Zealand, their estate is distributed according to the rules set out in the Administration Act 1969. The law determines who receives the person’s assets, usually prioritising spouses, partners, children, and other close relatives.
How do you become an administrator of an estate?
To become the administrator of an estate in New Zealand, you must apply to the High Court for Letters of Administration if the deceased did not leave a will. The court will usually appoint a close family member, such as a spouse or adult child.
When does an enduring power of attorney come into effect?
An enduring power of attorney may take effect immediately or only once the person granting the power becomes mentally incapable. The exact timing depends on how the EPOA document is drafted.
Does an enduring power of attorney continue after death?
No. An enduring power of attorney automatically ends when the person who granted it passes away. Responsibility for managing the estate then transfers to the executor or an administrator appointed by the court.
How much does an enduring power of attorney cost?
The cost of setting up an enduring power of attorney in New Zealand can vary depending on legal services involved. Legal fees typically range from around $300 to $500 per document, although costs may vary depending on the complexity of the situation.
How do you activate an enduring power of attorney in New Zealand?
Activating an EPOA depends on the terms outlined in the document. Some property EPAs can take effect immediately, while others only become active once the person granting the power is certified as mentally incapable.
What is an enduring power of attorney in New Zealand?
An enduring power of attorney is a legal document that allows a person to appoint someone they trust to make decisions on their behalf if they lose the ability to make those decisions themselves.
Where can I get enduring power of attorney forms?
Enduring power of attorney forms can be obtained through legal professionals or downloaded from official government resources such as the Office for Seniors website.
Who can witness an enduring power of attorney?
In New Zealand, an enduring power of attorney must be witnessed by an authorised person such as a lawyer, legal executive, or qualified representative from a trustee corporation.
Why do I need an enduring power of attorney?
An enduring power of attorney allows someone you trust to make decisions on your behalf if you become unable to manage your own affairs due to illness or incapacity.
How we can help
Our wills and estate services include:
- Wills
- Estate Administration
- Enduring Powers of Attorney
Our lawyers work closely with clients to ensure their estate planning documents are clear, legally compliant, and tailored to their individual circumstances.
Book a consultation
Physical Address
1/3 Fencible Drive,
Howick, Auckland 2014
NEW ZEALAND
Postal Address
P.O BOX 38 345
Howick, AUCKLAND
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