- Solutions, by Citizens Advice Bureau Pakuranga
When someone dies, it can be a difficult time for family and friends, and there can be a lot to organise.
In some cases, when everyone is grieving, there can be some ill-feeling between relatives if there’s disagreement about the funeral or distribution of the estate.
Although you don’t need to have a funeral director, or even have a funeral, a funeral director can guide you through the decisions you’ll have to make.
The usual services a funeral director offers are: transporting the body, registering the death, ensuring the legal requirements for burial or cremation are met, including bookings for a cemetery or crematorium, and filing the necessary forms for cremation, the embalming, care and presentation of the deceased’s body, placement of death notices and/or funeral notices in the newspaper, organising the funeral service and making applications to government agencies for funeral grants.
If the deceased left a will, then the person or people who have been named as the executor in the will has this role.
If the deceased didn’t leave a will, their estate will be distributed by an administrator, according to a specific order of priority.
If the deceased’s estate is small, the administrator will be the deceased’s closest living relative, and they don’t have to apply to the High Court to be appointed to this role.
If the estate is large, a lawyer will normally be required.
If you’re the executor of the will, you may have to apply for probate. You need to wait for the High Court to grant you probate before you can administer the deceased’s estate.
Usually, you apply through a lawyer. Most applications are made “without notice”, which means you don’t have to notify anyone else that you are applying for probate.
However, if you think someone might contest the will, you need to file your application “on notice” and there will be a hearing at the High Court.
For more support or information on this topic, please call or visit a CAB office near you.
- This Solutions Column has been compiled by Mary and is a regular editorial from the Pakuranga Citizens Advice Bureau. Email enquiries.pakuranga@cab.org.nz or visit us at the Library Building, Pakuranga, phone 576 8331 and at Botany Citizens Advice Bureau, rear food court entrance, Botany Town Centre, phone 271 5382, text/call WhatsApp 028 438 2188 or 0800 367 222 for free, confidential and informative help.
