A loved one has died, what next?

During our lifetime, we are almost certain to experience the death of a loved one.  It can be an overwhelming and challenging time, even more so if you are tasked with sorting their personal affairs.  Understanding what to expect when a loved one dies can help ease the stress you may feel and allow you to take the time to grieve.  

Before the Funeral/Tangi/Burial or Cremation

It is common to want to deal with your loved one’s affairs immediately after their death.  We can understand that it can be a little unnerving, especially if your loved one died with debts.  However, take this time to farewell your loved one and spend time with those that were close to them.

A more practical first step is to locate your loved one’s will, as it may contain important information about their funeral, tangi, burial, or cremation wishes.  If you know which law firm holds the will, the executors may contact them directly to access a copy.  Only the named executor/s have the legal right to access the will and it is at their sole discretion as to whether they share the contents of the will with family or beneficiaries.  Not all wills outline directions for the body or the funeral.  We also note that if there are directions outlined, they are not binding on the executor/s and the executor/s have the ultimate legal responsibility to deal with the body. 

Often the deceased’s bank can pay the funeral invoice direct out of funds held in the deceased’s bank accounts, however, each bank will have its own requirements.

After the Funeral/Tangi/Burial or Cremation

Once you have had the opportunity to farewell your loved one, and are ready to deal with their affairs, we recommend that the named executor/s contact the law firm that holds the original will.  This initial conversation with the lawyer will be an information gathering exercise in order for the lawyer to determine whether a grant of probate is necessary.  If your loved one died leaving assets worth $15,000.00 or more in their personal name (not jointly owned), a grant of probate will be required.  Probate is the process of the High Court proving the will as authentic and approving the appointment of the executors for the purposes of administering your loved one’s estate. 

Once probate is granted, the administration of an estate can be relatively straightforward (although the ease of the estate administration will vary from estate to estate). The executor’s role is to uplift/gather in the assets of the estate, pay all debts, and attend to the distribution of the remaining assets to the beneficiaries outlined in the will.   Only executors named the will are able to administer the estate, with the assistance of the estate’s lawyer.  

What if my loved one died without a will?

If your loved one dies without a will (intestate), the rules of intestacy outlined the Administration Act 1969 apply.  These rules set out who is/are entitled to administer their estate and who has a beneficial interest.  If your loved one owned assets worth $15,000.00 or more, the entitled persons would be required to apply for letters of administration.

The Asset Planning Team at McCaw Lewis are here to guide you through the process and assist in minimising the legal burden for you during this time.  We encourage you to contact our team, so we can assist as much as possible.