Trusts and Estates

Trusts, Wills and Estates

The team at Parker Marriner has extensive experience in advising clients in relation to Trusts, Wills and Estates.

We work with you to create the solution appropriate for your circumstances and complete the work in a timely and affordable manner.

Our team is ready to assist in:

Will Preparation

Wills are one of the single most important documents that everyone should have. A poorly drafted Will or an out of date Will can sometimes be worse than having no Will at all. We can help you draft a Will that is robust and accurately records your wishes. We can also advise you on how to structure your Will to avoid any disputes or claims against your estate after your death.

Enduring Powers of Attorney

Enduring Powers of Attorney are another important legal document that everyone should have. An Enduring Power of Attorney appoints someone to act on your behalf in relation to your property or your personal care & welfare matters in the event you should become mentally incapable. It is a common misconception that your spouse or parent will automatically be able to step in and make these decisions for you and to look after your affairs. However, in the absence of a valid Enduring Power of Attorney, they would have to apply to the court in order to be able to act on your behalf which can be an expensive and time consuming process. We can help prepare the necessary documents and advise you on any conditions and restrictions that you may choose to include. We can also assist with a General Power of Attorney if you frequently travel overseas and require someone in New Zealand to be able to manage your property while you are away.

Trust Formation and Administration

Whether you are wanting to protect your assets against creditors, relationship property claims or simply plan for the future generations you may wish to form a trust. We can advise you on all aspects of Trust Formation, Trust Administration and the rights or obligations of Trustees. It is essential that you receive quality legal advice in relation to any Trust structures as poor administration or management could undermine the integrity of the Trust, leaving the Trust open to potential challenges or claims against the Trustees.

Probate/ Letters of Administration

If you or your loved ones pass away with an asset over $15,000.00 held in their own name you will have to apply to the High Court in order to deal with those assets. Probate is the process whereby the Executor (or Trustee) named in the Will applies to the Court to administer the deceased person’s estate. Letters of Administration is a similar process for people who died without a valid Will. At Parker Marriner Lawyers, we will work with you to prepare the necessary documents to file in the High Court to get your applications approved quickly.

Estate Administration

Once Probate/Letters of Administration have been granted, we can guide you through the process of Estate Administration and assist with the administrative aspects of the estate (paying debts, preparing Statement of Assets and Liabilities, Distribution Statements etc.). We can also provide advice if someone is wanting to bring a claim against the estate.

Elections under PRA

The Property (Relationships) Act 1976 requires an election to be made when a spouse or defacto partner passes away.  You are required to elect to take either under the Act or under the Will.  Your choice can have a significant impact in the amount you will receive from the estate.  At Parker Marriner Lawyers, we can provide you with legal advice in relation to your rights and obligations under this Act, particularly the process of making an election.