How to Choose an Estate Lawyer in New Zealand
Wills, trusts, enduring powers of attorney, and probate all sit under estate planning — but few lawyers do all four well. This guide explains what to verify, what to ask, and when to pay for senior experience.
5 Key Factors When Choosing an Estate Lawyer
- Current NZLS practising certificate: Verify on the Law Society register before any instruction
- Estate work is a regular part of their practice: Not an occasional add-on to conveyancing or family work
- The right match for your situation: A simple will, a blended-family will, a trust, and contested probate are very different jobs
- Written fee estimate before you instruct: Required by the Lawyers and Conveyancers Act for any significant matter
- Clear succession and storage plan: Where the original will is kept, who has access, what happens if the lawyer retires
What "estate lawyer" actually covers in NZ
There is no NZLS-recognised specialist register for wills and estates work. Lawyers who advertise as estate practitioners are generally barrister-solicitors whose practice includes some combination of:
- Wills — drafting, updating, and storing the original document
- Enduring powers of attorney (EPAs) — for property and for personal care and welfare, under the Protection of Personal and Property Rights Act 1988
- Family trusts — drafting, settling, and ongoing trust administration under the Trusts Act 2019
- Probate and letters of administration — High Court applications after death
- Estate administration — collecting assets, paying debts and tax, distributing to beneficiaries
- Contested estates — claims under the Family Protection Act 1955, Property (Relationships) Act 1976, or Law Reform (Testamentary Promises) Act 1949
Not every estate lawyer does all six. A solo practitioner who drafts straightforward wills may sensibly refer a contested estate to a senior litigator. Ask which categories they handle in-house.
When a simple solution is enough — and when it isn't
A standard NZLS-drafted will is usually fine when
- * One long-term relationship, no prior partners or stepchildren
- * Assets are NZ-based and straightforward (home, KiwiSaver, bank accounts)
- * No family trust, no closely-held company shares
- * All children are adults and on good terms
- * No disabled or vulnerable dependants needing long-term provision
Pay for senior experience when
- * Blended family or recent re-partnering
- * Closely-held business or farm to pass on
- * Existing family trust (or you're considering one)
- * Overseas assets or beneficiaries
- * A dependant with disability or addiction
- * Anyone foreseeable might bring a Family Protection Act claim
Credentials to verify
NZ Law Society practising certificate
Search the NZLS public register by name. Confirm a current practising certificate is held and that there are no published disciplinary orders.
Society of Trust and Estate Practitioners (STEP)
STEP is an international body whose members (designated "TEP") have completed postgraduate qualifications in trusts and estates. STEP membership is voluntary and not a NZLS specialist designation, but it's a useful signal that the lawyer has invested in formal training for complex estate work, particularly trusts and cross-border matters.
Storage and succession
The original will must be kept somewhere safe and findable after your death. Most NZ firms hold original wills in a deeds vault at no charge to existing clients. Ask:
- Where is the original stored, and how is it indexed?
- Who has access if the lawyer leaves the firm or dies?
- What happens to wills if the firm is sold or wound up?
- Is the will registered with Public Trust's Wills Register (an optional NZ government service)?
Questions to ask before you instruct
Essential Questions Checklist
- Is wills and estates work a regular part of your practice? — How many wills, EPAs, and probate matters per year?
- Who will actually draft my will or trust deed? — Partner, senior solicitor, or junior?
- What's your written fee estimate? — Required for any matter where fees may exceed the NZLS threshold
- How do you handle family trusts under the Trusts Act 2019? — Mandatory disclosure obligations to beneficiaries changed significantly in 2021
- Where will the original document be stored? — And what's the firm's succession plan?
- What's your conflict-checking process? — Can you act for both spouses preparing mirror wills?
- Have you handled contested estates? — Family Protection Act, relationship property, testamentary promises
- What happens if I want to amend my will later? — Codicil cost vs full rewrite
- How do I update beneficiaries on KiwiSaver and life insurance? — These pass outside the will and need separate nominations
- Will you act as my executor if I want a professional? — Some firms do, often for a percentage of the estate
Typical NZ fees
| Service | Typical fee range |
|---|---|
| Single straightforward will | $300 – $600 |
| Mirror wills for a couple | $500 – $900 |
| Enduring power of attorney (each) | $200 – $400 |
| Will with trust references / blended-family clauses | $800 – $2,000 |
| Family trust drafting and settlement | $1,500 – $3,500 |
| Probate application (uncontested) | $1,500 – $4,000 + court fees |
| Full estate administration | Often 1 – 3% of estate value |
| Contested-estate litigation | $15,000 – $80,000+ |
Ranges drawn from public NZ firm fee schedules and NZLS guidance. Quotes vary by region and complexity — always get the figure in writing.
Red flags to walk away from
- No written fee estimate on request — NZLS Conduct & Client Care Rules require one for significant matters
- Pressure to set up a family trust without a clear reason — The Trusts Act 2019 added real ongoing compliance costs; trusts aren't a default answer
- "Asset protection" trust pitches that ignore claw-back risk — Property (Relationships) Act and creditor claw-back provisions can unwind trusts
- Cannot explain Family Protection Act exposure — Adult children can bring claims against estates that don't make adequate provision
- Doesn't ask about KiwiSaver, life insurance, joint property — These pass outside the will and need separate planning
- No conflict check before acting for both spouses — Joint instructions need explicit informed consent
The Trusts Act 2019 changed the calculus
If a family trust is part of the discussion, the lawyer should be able to explain:
- Mandatory beneficiary disclosure — trustees must give certain basic information to every beneficiary unless they actively decide otherwise
- Trustee duties — both mandatory and default duties are now codified
- Maximum trust duration — extended from 80 to 125 years
- Ongoing record-keeping — written records of trustee decisions are effectively expected
If a lawyer is recommending a trust without walking through these obligations and their cost, that's a signal to slow down.
Making your final decision
- Verify credentials independently on the NZLS register
- Compare at least two quotes for anything beyond a simple will
- Insist on a written letter of engagement covering scope, fees, and storage
- Ask about updates — every 3–5 years, or after any life event (marriage, separation, birth, death, property purchase)
- Plan for the future — make sure your executor knows where the original is held
Summary: Your Estate Lawyer Checklist
- Verified current NZLS practising certificate
- Wills, EPAs, probate are a regular part of their work
- Written fee estimate before instruction
- Clear original-document storage and succession plan
- Comfortable explaining Trusts Act 2019 and Family Protection Act exposure
- Conflict-check process for joint instructions
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