Hi, My father, who resides in New Zealand and holds both New Zealand and Australian citizenship, is in the process of having his will done. He wants two executors/trustees namely a son who lives in New Zealand, and a daughter, who lives in Australia. This is his wish, but we would like to clarify some matters: 1. Can a will be drawn up in Australia, signed and witnessed by one executor, then sent to New Zealand for the other two signatures, or would it be better to do the reverse . 2. If a will is drawn in New Zealand, how difficult will it be with one executor residing in Australia and one in New Zealand. Does law state that we have to be residing in the same county. 3. My father has been told if one executor is living outside New Zealand, costs will be enormous on his estate. 4. His will is very straight forward, so is there a need to retain a solicitor after the will has been drawn, and after my father's death. With thanks, Lou xxxxxx
This has just recently come up with my father, so hopefully with the information I get I'll know which direction to go. I have also been on line but haven't been able to clarify these points.
HiWelcome to JustAnswer. 1.The first question is easy-the executors of the will do not sign the will, so when the will is ready for signing, he gets 2 independent witnesses-who can be anyone except beneficiaries of the will, and he and the witnesses must all sign at the same time and place.2. The job of administering the will estate is mostly signing papers, and can be done easily by couriers, who can get documents overnight to Australia from New Zealand and vice versa. If there is cleaning up of a house and disposal of chattels in the house this may need both there, but only if they cannot agree by discussion over the phone.3. there is no particular reason why this should be more expensive, except where papers need to be sent back and forth.4. If the estate is money and a house you find it easier to use a lawyer as you will need to get probate of the will. If there are just small accounts and a few bills to pay and a funeral you may not need a lawyer
LLB MMgt FAMINZ 32 years qualified as lawyer
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).