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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Can a non NZ resident who owns property managed under power

Resolved Question:

Can a non NZ resident who owns property managed under power of attourney, make a will for their NZ property, leaving their property to an inheritance trust? The property would be left to an inheritance trust with NZ citizens as benefactors.

Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : You can make a will which leaves your estate on trust for beneficiaries. This is in fact quite common. Many people establish a trust under their wills. I may perhaps not have fully understood you, buy I do not know why this is unusual.
christhelawyer : Trusts have been created by wills for hundreds of years and are much older than the family trusts set up by many these days. They are a very well established way of leaving your estate.
Customer:

You have not understood the question. The person making the will is not a resident or citizen of the country, N.Z. where the will is to have legal standing. The power of attorney will be extinguished on that persons death. If the non residents will, made in a different country under different legal jurisdiction, is not recognized by the NZ. Tax IRD department then the person will have died intestate and major problems will occur.

christhelawyer : There is no reason why this person cannot make such a will. There is no requirement under the Wills Act that the will maker is either resident or a citizen. As long as the will is prepared correctly under New Zealand law, it will be fully effective. It has never been the law that you cannot make a will in New Zealand if you are not resident or a citizen, and again, for anyone owning property here, whatever their nationality, they should make will in relation to that property.
christhelawyer : There is no involvement with IRD in estates in New Zealand as there are no estate duties on an estate after death. Your will would be presented for Probate in the usual fashion.
christhelawyer : Many people who are not resident or citizens make wills in your situation. Again I am unsure where you are getting your information from but your situation is not at all unusual.
Customer:

That's starting to get more detailed and specific, thank you.

Customer:

Now a supplementary question if I may please.

christhelawyer : Go for it
Customer:

If the will is prepared in NZ by a NZ lawyer and taken offshore to the person who legal title and has granted the power of attorney to be signed and witnessed, is there any requirement that the witnesses are the people who hold the power of attorney? are NZ resident or hold NZ citizenship?

christhelawyer : Anyone can witness the will. They do not have to be citizens or NZ residents and as long as the will is witnessed correctly, that is all that is needed for the will to be valid
christhelawyer : However the beneficiaries must not witness the will makers signature as that would make the will invalid.
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18781
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Chris The Lawyer and other New Zealand Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you for the help. It did take some digging to get the information.


Now I need to find a lawyer "in the flesh" who is an expert in this area, to set this up.


Perhaps you have a suggestion??

Expert:  Chris The Lawyer replied 1 year ago.
I certainly can suggest a lawyer-do you have a preference for a city? Auckland, Wellington etc?
Customer: replied 1 year ago.


Hi christhe lawyer, thank you for the reply.


Now I am a little unsure of the next step. I don't want to abuse the service you have offered and the suggestions you made.


 


Ideally I would like to find a lawyer who is competent in this field and who has practised as a lawyer also in PRChina, ie. speaks Mandarin, and based in Auckland.


 


If I am out of line in asking this of you, please tell me.

Expert:  Chris The Lawyer replied 1 year ago.
Your request is fine-I am not sure of getting an NZ Lawyer who has also practiced in the PRC, but Queen City Law could help, and they have Mandarin speaking lawyers and are familiar with issues across borders-http://queencitylaw.co.nz/
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18781
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Chris The Lawyer and other New Zealand Law Specialists are ready to help you

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