Overseas asset claims in estate administration

New Zealand jurisdiction and probate requirements

The High Court of New Zealand has jurisdiction over all deceased Estates with assets in New Zealand regardless of whether the deceased lived in New Zealand or lived overseas. If a surviving spouse or de facto partner makes a claim against the Estate under the Property (Relationships) Act 1976, then the jurisdiction falls to the Family Court in the first instance to deal with that claim.

If the deceased left assets in New Zealand it is necessary to either reseal an overseas grant of probate in New Zealand, or you can apply for a new grant of probate (or administration of the Estate if no Will) in New Zealand.

In New Zealand probate or letters of administration are generally required to administer the Estate of a deceased person. If the Estate is valued under $40,000, informal administration may be permitted under law, which allows for the distribution of an Estate without administration.

High Court authority

The High Court of New Zealand has the authority to grant or revoke the probate of Wills and Letters of Administration, even if the deceased person did not leave any Estate in New Zealand or if the person to whom the grant is made is not in New Zealand.

Resealing grants overseas

A New Zealand Grant of Probate could be resealed in a foreign jurisdiction. For example, when the assets are left in a Commonwealth country, this involves obtaining a Court certified exemplification of the New Zealand Grant and ensuring that the application for re-seal meets the specific requirements of the foreign country.

For non-Commonwealth countries, a special grant of administration may be required. This process can be complex and varies according to the foreign country.

Moveable assets and applicable law

As to movable assets, such as bank accounts or shares, these are governed by the law of the country where the deceased person last lived with these assets. It is crucial that the Executor or Administrator of an Estate complies with the law of the jurisdiction where that property is located.

Multiple Wills across jurisdictions

The issue of multiple Wills may arise if the deceased person had assets in multiple countries. It is important to ensure that the Wills do not unintentionally revoke each other, and the relevant Will must be available for probate applications in New Zealand.

Responsibilities of personal representatives

A personal representative must manage a deceased person’s assets under the law that gives them the authority to act. A New Zealand personal representative must follow New Zealand law, while assets managed by a foreign personal representative must follow the law of that jurisdiction.

Getting local legal advice

Consulting a legal professional in the jurisdiction where the property is located is recommended. Executors also need to be aware of potential inheritance taxes, death duties, or any local administrative requirements. The consultation will ensure compliance with local laws and avoid unnecessary delays.

Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area.  We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.