Inheriting an Estate in New Zealand From Australia

Inheriting in New Zealand from Australia starts with whether the New Zealand assets need a grant at all; smaller estates often do not. If they do, and there is an Australian grant, the High Court can usually reseal it. Otherwise the executor applies for New Zealand probate, filed in Wellington, with affidavits sworn before an authorised witness.

Key takeaways

• New Zealand's Ministry of Justice says probate is not always required; it depends on the type and value of the assets and what the organisation holding them requires.
• All probate applications in New Zealand are filed at the Wellington High Court, wherever the deceased lived.
• An Australian grant of probate can usually be resealed by the New Zealand High Court, avoiding a fresh application.
• Affidavits must be sworn or affirmed before an authorised witness; outside New Zealand, that usually means a notary public.
• The Ministry lists common errors that delay applications, such as names written differently and staple marks on the will.

Is New Zealand probate needed at all?

The Ministry of Justice's probate information page explains that probate is a High Court order confirming that the will is valid and that the executor has legal authority to manage the estate. Without it, banks, lawyers and other organisations may not release the deceased's property or money. But it adds that probate is not always required: whether you need to apply depends on the type and value of the assets and the requirements of the organisation holding them, and for smaller estates it may be possible to deal with assets without going through the High Court.

So the first step from Australia is to contact each New Zealand bank, KiwiSaver provider or share registry and ask, in writing, what it needs to release the deceased's holdings to an executor or family member overseas. Land held in the deceased's sole name will usually need a grant. Keep the replies: they decide whether you need the High Court at all, and a small estate handled directly can save months.

Where are applications filed?

The Ministry's practical guide to applying for probate is unambiguous: all probate applications in New Zealand must be filed at the Wellington High Court, regardless of where the deceased lived. The original documents are sent to the court; the filing fee can be paid online through the courts' File and Pay service, but the Ministry notes that the original documents are still required. We do not quote the fee. Post originals by a tracked courier and keep copies.

Can an Australian grant be resealed?

Where the deceased lived in Australia and an Australian Supreme Court has already granted probate or letters of administration, the usual route is to have that grant resealed by the New Zealand High Court rather than start again. Resealing recognises the overseas grant so it can be used in New Zealand, and applications go to the Wellington High Court with the original grant or a certified copy. It is available for grants from Commonwealth jurisdictions, which include the Australian states and territories. Resealing has its own application form and rules, so ask a New Zealand lawyer or the Wellington High Court registry to confirm what it needs for your grant.

Situation	Usual route	Where
Small holdings the organisation will release without a grant	Deal with the organisation directly	The bank or registry
Deceased lived in Australia, Australian grant issued	Reseal the Australian grant	Wellington High Court
No Australian grant, or the deceased lived in New Zealand	Apply for New Zealand probate	Wellington High Court
No will	Letters of administration; the Ministry suggests legal advice	Wellington High Court

How are the affidavits sworn?

A New Zealand probate application is built on affidavits, sworn or affirmed statements by the executor. The Ministry's guide says the executor must sign the affidavit in front of an authorised witness, and in New Zealand gives examples: a solicitor of the High Court, a Justice of the Peace, or a court Registrar or Deputy Registrar. The witness completes the jurat, the statement at the end recording where and when you signed and who witnessed it, and the wording must match whether you swore or affirmed.

For an executor in Australia, a New Zealand JP is not practical, and an Australian JP is not on that list. An affidavit for a New Zealand court sworn outside New Zealand is usually sworn before a notary public. Ask the Wellington registry or your New Zealand lawyer to confirm who may take it for you, and use the jurat wording they give you. Our guide to affidavits and statutory declarations explains the difference.

What does the Ministry say about identification and exhibits?

The guide says you may be asked for a copy of photo identification showing your name, photo and signature, such as a passport or driver licence, certified as a true copy; in New Zealand it names a court registrar, a JP or a lawyer. From Australia, a notary can certify the copy at the same appointment as the affidavit. The original will is attached to the affidavit as an exhibit, with an exhibit note recording the exhibit letter, the name of the person who swore the affidavit, the date and the witness's signature. The guide warns not to staple wills to the affidavit, and to use glue for the label.

Swear or affirm?

You can swear an affidavit on a religious text or affirm it without one. The Ministry's guide says the wording at the start of the affidavit, whether you swear or affirm, must match the wording in the jurat. Decide before the appointment and tell the notary, so the documents are prepared consistently. If more than one executor is applying, each swears or affirms their own part, and the guide's checklist expects every executor named in the will to be listed, in the same order as the will.

An illustration

This is an illustration, not a real case. A Brisbane man is executor of his father's estate; his father lived in Queensland but kept a rental flat in Christchurch. The Supreme Court of Queensland has already granted probate. The man's New Zealand lawyer prepares an application to reseal the Queensland grant, and the man swears the supporting affidavit before a notary in Brisbane, with a certified copy of his passport. The lawyer files it, with a certified copy of the grant, at the Wellington High Court.

Which mistakes does the Ministry warn about?

The guide lists the errors that most often delay applications. They apply with extra force when documents cross the Tasman:

1. Missing details about the deceased, or not listing all executors, or listing them in a different order from the will.
2. Inconsistent information: names written differently, different dates of death, or different addresses for the deceased.
3. Execution errors: an affidavit not properly sworn or affirmed, missing signatures, or documents not correctly witnessed.
4. Will issues: sending a photocopy instead of the original, missing pages, or staple holes suggesting pages were removed.

If the original will is held with the Australian grant, ask the Australian court or your solicitor how to obtain it, or an office copy, for the New Zealand application.

Do you need an apostille?

Often not, but ask. New Zealand is a member of the Hague Apostille Convention, and so is Australia; check the HCCH status table. Whether the Wellington registry, as the receiving authority, wants an apostille on an Australian notary's certificate or on a certified copy of an Australian grant is for the registry to say. If one is needed, only DFAT issues it in Australia. Our guide to apostilles for New Zealand covers the rules.

What happens after the grant?

Once the court grants probate or reseals the Australian grant, the executor can deal with the New Zealand assets: send copies to the banks and registries, transfer or sell land through Toitū Te Whenua Land Information New Zealand's processes, and distribute the estate. The Ministry also notes that once a probate application is filed, the will becomes publicly accessible in New Zealand, and anyone can search for it and request a copy for a fee.

Common mistakes to avoid

• Applying for probate when the bank would have released a small balance without one.
• Filing anywhere but Wellington.
• Starting fresh when an Australian grant could be resealed.
• Having an Australian JP swear the affidavit without checking the court will accept it.
• Stapling the will or sending a photocopy.
• Names or dates that differ between the will, the grant and the affidavit.

In short

Inheriting in New Zealand from Australia starts with whether each New Zealand asset needs a grant. If it does, an Australian grant can usually be resealed by the High Court; otherwise the executor applies for New Zealand probate. Either way, the application goes to the Wellington High Court, with affidavits sworn or affirmed before an authorised witness, usually a notary public outside New Zealand, and the original will unstapled. See our guide to overseas inheritance documents, and our notarisation service for affidavits.

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If a New Zealand lawyer has sent an affidavit to swear, send us the document, and we will explain each step before you book.