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78 days ago

Free 'Guide to Estate Administration' if you use Kiwilaw to apply for probate

Director / lawyer from Kiwilaw

SuperGold card holders - free 'Guide to Estate Administration - Where There's a Will and a Grant of Probate' - for clients who use Kiwilaw's service to obtain a grant of probate. (Otherwise $49.)
If you prefer the assurance of using the lawyer who holds the will, ask them to use… View more
SuperGold card holders - free 'Guide to Estate Administration - Where There's a Will and a Grant of Probate' - for clients who use Kiwilaw's service to obtain a grant of probate. (Otherwise $49.)
If you prefer the assurance of using the lawyer who holds the will, ask them to use Kiwilaw's new 'Probate for Lawyers' service ($390) to prepare the documents, unless they can do it cheaper themselves. (You will also have to pay for their interview time and other related attendances, but it should still save you $$$ while maintaining the continuity of having their services.) The top 'Read More' link will take you to the page you need to show your lawyer. The bottom 'Read More' link takes you to the page with more information for clients.

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85 days ago

New - use your own lawyer for probate, and still save $$$$$$

Director / lawyer from Kiwilaw

About 30% of new applications are rejected by the Probate Unit. (Source: letter from Probate Unit team leader, 7 Nov 2019.) Almost all of those are submitted by law firms.
Applications prepared by Kiwilaw are very seldom rejected - and the small number of rejections is decreasing as we improve our… View more
About 30% of new applications are rejected by the Probate Unit. (Source: letter from Probate Unit team leader, 7 Nov 2019.) Almost all of those are submitted by law firms.
Applications prepared by Kiwilaw are very seldom rejected - and the small number of rejections is decreasing as we improve our guidance to clients.
However, clients like the reassurance of using their familiar lawyer.
GOOD NEWS!! Law firms can now use Kiwilaw's service to prepare probate-application documents efficiently and at a reasonable price.
So if you're an executor and you need probate, and you don't feel confident about doing it yourself with Kiwilaw's help, ask the estate's lawyer to use Kiwilaw's service ($390 to law firms, plus fees for their own attendances and disbursements).
kiwilaw.co.nz...

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94 days ago

Over 18? Make a quick will, please. Today. Save your mum some grief. (And beat Murphy's Law.)

Director / lawyer from Kiwilaw

Guys (especially) - I am fed up with having grief-stricken mothers contact me because their sons died suddenly in tragic circumstances (car crash, suicide, etc) and they want to apply for letters of administration because there's no will.
Firstly, it's more complicated if there's … View more
Guys (especially) - I am fed up with having grief-stricken mothers contact me because their sons died suddenly in tragic circumstances (car crash, suicide, etc) and they want to apply for letters of administration because there's no will.
Firstly, it's more complicated if there's no will.
Secondly, often Mum isn't the statutory heir - it may be the de facto partner that Mum never liked (and whom Mum blames for treating her son badly), or his ex-spouse who never got a dissolution order, or the baby grandchild, or his teenage daughter that he has never met. There may be an argument about whether there was a qualifying de facto relationship, or whether he was really the father of the teenager although he paid child support. No one needs that turmoil, when they are trying to cope with your loss.
Thirdly, it's dumb. You've heard of Murphy's Law? 'What can go wrong, will go wrong.' If you don't have a will, Murphy's Law means you're more likely to die prematurely. If you do have a will, you're less likely to need it, more likely to live to 93. (No, I haven't researched this statistically.)
So, please, do your Mum a favour, and make a will. Even if you don't make her the beneficiary, give her some certainty.
Do it now, do it tonight, write something simple on a piece of paper and sign it in front of 2 adult witnesses who aren't mentioned in the will. Show the witnesses' full names, occupations, and a phone number or email address for each of them.
'This is my will. I give everything I own to my parents, or the survivor of them if one dies before me. I appoint my friend Joe Bloggs as my executor.' Add the date. Include a statement next to or above the signatures, 'I signed this in front of these witnesses and they signed it in front of me and each other. We were all present at the same time.'
Preferably appoint someone as executor (the person who has to give effect to the will - it can be your mum, or dad, or a friend, or employer), otherwise someone will have to apply for letters of administration with will annexed.
If you have a partner or a child, change the wording to suit.
Then give the signed will to someone you trust, or put it somewhere safe and tell that person where to find it.
No, you don't need a lawyer. If you need something more complicated, use a lawyer to do a more conventional will, BUT do this in the meantime. Trust me, it's better than nothing.
(Note - the photo is a stock image, posed by model.)

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123 days ago

Reminder - save time, money and hassle if you need probate

Director / lawyer from Kiwilaw

Continuing to receive great feedback from our $490 probate service, available online nationwide. If you know someone who is bereaved, they may find this helpful.
More info here - including our special SuperGold card offer.
youtu.be... (audio on, please)

141 days ago

Young father? Make a will! - to appoint a replacement guardian

Director / lawyer from Kiwilaw

If you have a child - even if they don't live with you - you should appoint a 'testamentary guardian' - someone who will replace you as one of your child's guardians, if you die. Usually people do that as part of their will.
Death - you don't want to think about it? Well, … View more
If you have a child - even if they don't live with you - you should appoint a 'testamentary guardian' - someone who will replace you as one of your child's guardians, if you die. Usually people do that as part of their will.
Death - you don't want to think about it? Well, it happens! (Road toll, workplace accidents, whatever.)
If it happens to you, things will be much worse for your parents and your child's mother, if you haven't made a will and therefore you leave them with huge legal hassles at what will already be an awful time.
Write your own will if you want to. Or download an online one. Or go to a lawyer or the Public Trust. Whatever. Just do it!
(Guardians are responsible for the big decisions in a child's life. The mother is one guardian. Nowadays most fathers are automatically guardians by law. Even if they are not, they can still appoint a testamentary guardian.)
Kiwilaw's online $69 will includes appointing a testamentary guardian. You could use it to do a basic will now, download it, print it, sign in front of 2 independent adult witnesses. Appoint a parent or sibling or partner as executor, and a friend as backup executor. Leave everything to your partner or child/ren. Appoint a testamentary guardian. Keep it that simple.
Then revise it in a few days' time - no extra charge - if you want to go into more detail about your property, etc.
Please, just do it. Somehow, just do it. Today would be good. (Photo is from iStock.)
autom.io...

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214 days ago

Bereaved? choose the legal services you need

Director / lawyer from Kiwilaw

'Unbundled legal services' - including Kiwilaw's probate service - is a fancy name for 'pick and choose what you need'.
Just like in a supermarket, or when buying travel - you don't have to buy a readymade meal if you prefer to buy ingredients, and you don't have… View more
'Unbundled legal services' - including Kiwilaw's probate service - is a fancy name for 'pick and choose what you need'.
Just like in a supermarket, or when buying travel - you don't have to buy a readymade meal if you prefer to buy ingredients, and you don't have to do everything through a travel agent if you prefer to do some of it yourself online.
You can use Kiwilaw's online probate service to save money on the grant of probate, and still use your favourite lawyer for advice and help with the rest of the estate administration. Our standard fee: $490 incl GST (+High Court $200 fee).
If the executor doesn't want to act, or there's no will, Kiwilaw's service can handle that too.
(This is our junior collie, pointing out that trying to take a photo of a pile of law books - for our nearly-ready 'Guide to Estate Administration' - was a waste of good play time.)
See our website for more info and contact forms. kiwilaw.co.nz...

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260 days ago

Got Kiwisaver? You need a will. Here's a free one....feel free to use it.

Director / lawyer from Kiwilaw

If you have Kiwisaver and you're 18 or over, you need a will. Bad things happen. People die before their time. If there's no will, and if there's more than $15,000 in Kiwisaver, there's a hassle because the legal stuff is more complicated. It adds more heartbreak to what is … View moreIf you have Kiwisaver and you're 18 or over, you need a will. Bad things happen. People die before their time. If there's no will, and if there's more than $15,000 in Kiwisaver, there's a hassle because the legal stuff is more complicated. It adds more heartbreak to what is already a tragedy - and it's easily avoided.
If you don't have a will, and if you don't want to spend the time or money getting a lawyer to draft one, use this form. It will do the job as long as you follow the instructions.
It's basic. It doesn't deal with what happens to your body, or whether you have a funeral; it doesn't deal with complicated property arrangements; and it doesn't appoint a testamentary guardian for your kids. (All of those can be dealt with later.)
This form doesn't replace a lawyer if you need advice about how to arrange things.
It enables you to record straightforward wishes quickly and simply. Although it looks different from a standard will, it meets NZ legal requirements.
Please download it and use it. Print it double-sided, OR just use the first page (and still read the second page).
Then put it somewhere safe, but not so safe that nobody can find it. Tell people you trust, where they can find it.
Any comments or suggestions for improvement? - let me know.
UPDATE - I've added the PDF version as a document below. It's called 'draft' but it's okay to use. I want to tweak the format at some stage and so I don't consider it 'final' yet.
No catch. No obligation.
drive.google.com...

DRAFT KIWILAW WILL.pdf Download View

270 days ago

Didn't get what you expected in a will when someone died?

Director / lawyer from Kiwilaw

Recommended options (feel free to share with others):
1. If you can't get a copy of the will from the executor or solicitor, apply for a copy of the probated will from the High Court, once probate has been granted to the executor/s named in the will. (Search fee: $30.)
2. Try to resolve the … View more
Recommended options (feel free to share with others):
1. If you can't get a copy of the will from the executor or solicitor, apply for a copy of the probated will from the High Court, once probate has been granted to the executor/s named in the will. (Search fee: $30.)
2. Try to resolve the issues through communication and clarification.
3. Before starting legal proceedings, get written legal advice about your options, prospects of success, and evidence needed. It's worth paying for good advice before you commit yourself to action.
4. Act promptly. Usually you need to bring a claim within 1 year.
5. Weigh things up before you start proceedings. If you lose, or if you don't continue to the end, you may have to pay a contribution to the other side's legal costs, as well as your own costs and court fees.

285 days ago

If someone has wronged you or not paid you, don't leave it too long or you will miss out

Director / lawyer from Kiwilaw

This may be something you can share with a friend - if someone owes them money and refuses to pay, they need to start any court proceedings ASAP and definitely within six years.
It's the same in the Disputes Tribunal.
If someone has cheated them, or wronged them, the time limit may vary and … View more
This may be something you can share with a friend - if someone owes them money and refuses to pay, they need to start any court proceedings ASAP and definitely within six years.
It's the same in the Disputes Tribunal.
If someone has cheated them, or wronged them, the time limit may vary and they should get legal advice sooner rather than later. (Time limits vary depending on the exact legal issues.)
At least find out when the time limit expires, or if it's something where any delay will weaken the claim.
(As well as the limits set by law, there is also the practical issue that it's harder to find someone and other creditors may get in first in the meantime.)
(Posting this as helpful information, not trying to win business. Kiwilaw can advise you and help you bring (or defend) your own tribunal or court claim. At least for this year, we don't want to provide full representation where we do all the work and appear in court - please use other lawyers for that.)

315 days ago

Crusaders - could the name change to Musterers?

Director / lawyer from Kiwilaw

Okay, the poll says most people want to keep the name. But what if that makes the matches a target for Isis? What if it really does make sense to change the name? IF the name has to be changed, I'd like to suggest the Musterers. It respects Canterbury's heritage, it reflects tough, rugged… View moreOkay, the poll says most people want to keep the name. But what if that makes the matches a target for Isis? What if it really does make sense to change the name? IF the name has to be changed, I'd like to suggest the Musterers. It respects Canterbury's heritage, it reflects tough, rugged Kiwis doing a job that requires complete trust in team mates plus individual effort and strength and initiative, towards a common goal. Keep the horsemen. Ditch the swords. Add acrobatic dogs such as border collies who like showing off. Market it to the tourists as well as the locals. (The idea stems from an enlightening conversation I had last week with a retired musterer whom I met while we were both waiting for Indian takeaways in Rangiora. Previously I knew nothing about mustering. We could all do with knowing more.....)

309 days ago

Need to reseal a UK or Australian grant of probate in NZ? Don't pay $1350

Director / lawyer from Kiwilaw

I discovered yesterday that the Public Trust charges $1350 plus the High Court $50 fee, to reseal in New Zealand a grant of probate or letters of administration made in the UK or Australia.
I was a tad surprised.
This is a straightforward process, nowhere near as complicated as applying from … View more
I discovered yesterday that the Public Trust charges $1350 plus the High Court $50 fee, to reseal in New Zealand a grant of probate or letters of administration made in the UK or Australia.
I was a tad surprised.
This is a straightforward process, nowhere near as complicated as applying from scratch for a grant of administration in New Zealand.
I charge $390 all up, including the High Court fee and mail/courier costs. And that is consistent with my overall guideline hourly rate of $300+GST. (I have no idea what other lawyers charge.) Just letting you know, in case you know someone who needs to know....

367 days ago

5-Day Law Firm Challenge starts tomorrow!

Director / lawyer from Kiwilaw

Kiwilaw is one of several NZ and Australian law firms who are daring to challenge themselves over this coming week. I hope some other Canterbury firms are taking part. (If not, why not?) It's all about upscaling business without upscaling costs - using online delivery of legal solutions. And… View moreKiwilaw is one of several NZ and Australian law firms who are daring to challenge themselves over this coming week. I hope some other Canterbury firms are taking part. (If not, why not?) It's all about upscaling business without upscaling costs - using online delivery of legal solutions. And it's free!!! Now is a good time! #5DayLawFirmChallenge www.facebook.com...

367 days ago

How to reseal an overseas grant of probate or letters of administration for New Zealand use

Director / lawyer from Kiwilaw

It's not fancy, and it doesn't yet have a pretty picture, but it works - our online enquiry form to start the process of resealing an overseas grant in New Zealand. We are tentatively charging $390 all up - including our work, the High Court fee, and the cost of courier back to the … View moreIt's not fancy, and it doesn't yet have a pretty picture, but it works - our online enquiry form to start the process of resealing an overseas grant in New Zealand. We are tentatively charging $390 all up - including our work, the High Court fee, and the cost of courier back to the (overseas) applicant. kiwilaw.co.nz... #5DayLawFirmChallenge

381 days ago

Thank you to JPs (Justices of the Peace)

Director / lawyer from Kiwilaw

Just wanting to acknowledge JPs nationwide, who make it possible for Kiwilaw to offer cost-effective document-preparation services. Clients appreciate being able to attend a JP and have documents signed without the cost of a lawyer's appointment.
I have had several instances where JPs have … View more
Just wanting to acknowledge JPs nationwide, who make it possible for Kiwilaw to offer cost-effective document-preparation services. Clients appreciate being able to attend a JP and have documents signed without the cost of a lawyer's appointment.
I have had several instances where JPs have been unsure of whether what they are being asked to do is correct; and usually they have then checked with a court registrar or another colleague, to make sure they have got things right.
It is particularly helpful to know they can verify someone's identity for court or land-registration purposes by sighting an original passport or driver's licence and certifying a photocopy as a true copy. I cannot lawfully do that by distance.
They don't get paid for this; and they make a real difference.
Thank you.
justiceofthepeace.org.nz...

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