General information only — not legal advice. These definitions describe common terms in plain language and in general terms. The precise meaning can depend on the context and the law. For advice about your own situation, speak with a qualified New Zealand lawyer.
A–C
Administrator
The person appointed by the court to manage an estate when there is no valid will — or no executor able to act. An administrator has duties similar to an executor and distributes the estate under the intestacy rules.
Beneficiary
A person or organisation named in a will (or entitled under the intestacy rules) to receive something from the estate.
Codicil
A separate, properly signed and witnessed document that changes part of an existing will. It is read together with the will as one document.
D–F
De facto partner
A partner in a qualifying de facto relationship — generally three years or more, or shorter with a child — who may have property and inheritance rights under New Zealand law.
Enduring power of attorney
A document appointing someone to manage your finances, or your personal care and welfare, if you lose capacity. An enduring power of attorney ends when the person dies.
Estate
Everything a person owns at death — property, money, shares and possessions — together with their debts and other obligations.
Executor
The person named in a will to administer the estate: collecting assets, paying debts, and distributing what remains to the beneficiaries.
Family Protection Act 1955
The law that allows certain family members — such as a spouse, partner, child or dependant — to claim against an estate if they feel they were not adequately provided for.
G–L
Grant of probate
The High Court order confirming that a will is valid and that the executor has the authority to deal with the estate.
Guardian (testamentary guardian)
A person with legal responsibility for a child’s care and welfare. A testamentary guardian is appointed in a will to care for children if the parents die.
Intestate
Dying without a valid will. The estate is then distributed under the fixed intestacy rules in the Administration Act 1969.
Joint tenants
A way of owning property together where the property automatically passes to the surviving owner or owners on death, regardless of what a will says.
Legacy
A gift left in a will — a specific item, a fixed sum of money, or a share of the estate.
Letters of administration
The court grant that authorises an administrator to deal with an estate when there is no valid will.
N–P
Next of kin
An everyday term for a person’s closest family member. It is not a legal status in New Zealand, and it gives no automatic right to inherit or to make decisions.
Probate
The court process that confirms a will is valid and that the executor is authorised to administer the estate.
Property (Relationships) Act 1976
The law that governs how relationship property is divided between partners when they separate or when one of them dies.
R–T
Residuary beneficiary
A person who receives a share of what is left of the estate after debts, expenses and specific gifts have been dealt with — a share of the residue.
Residue
What remains of the estate after the debts, expenses and specific gifts have been paid and transferred.
Revocation
The act of making a will no longer effective — for example, by making a new will, deliberately destroying the old one, or marriage or civil union.
Specific gift
A particular item or fixed sum left to a named person or organisation in a will, such as “my engagement ring to Sarah”.
Tenants in common
A way of owning property where each owner’s share is separate, and each share passes under that owner’s will on death.
Testamentary capacity
The legal ability to make a will: understanding what a will is, what you own, who might reasonably expect to benefit, and the effect of your decisions.
Testamentary promise
A claim under the Law Reform (Testamentary Promises) Act 1949, where someone was promised a reward for services in a will that was not provided.
Trustee
A person who holds and manages property for the benefit of others under a trust, and who must follow the trust’s rules and act in the beneficiaries’ interests.
Trustee company
A professional company that acts as executor, administrator or trustee for a fee — often used for complex estates or where there is no suitable family member.
U–W
Undue influence
Pressure or manipulation that overcomes a person’s free will when making a will. A will made under undue influence can be invalid, in whole or in part.
Whāngai
A Māori customary practice of raising a child by someone other than their birth parents. Whāngai relationships can have particular legal consequences in succession and estates, and specialist advice is often needed.
Will
A legal document recording what happens to your property after you die, naming your executor, beneficiaries, guardians and wishes. It only takes effect on death.
Witness
An independent adult who signs the will in the will-maker’s presence to confirm the signature. A gift to a witness — or to their spouse, partner or civil union partner — can be void.