About this Glossary

This glossary contains an explanation of terms used in the NZ guides available on this platform.

A

Abatement: the (partial) failure of a gift in a will because there is not enough money in the estate to pay it.

Administrator: someone who administers the deceased’s estate, and not an executor. See Personal Representative.***

Ademption: the failure of a gift in a will because the specifically described item (“my Toyota”, for example) no longer exists or is no longer owned by the testator at the time of death.

Affidavit: a statement in writing that is sworn or affirmed to be the truth. Only authorised people can take oaths and affirmations. In the probate and administration context, Applicants*** have to submit affidavits alongside their applications.

Amanuensis: someone who signs your will on your behalf.

AOD clinician: Alcohol and Other Drug Clinician - see the Guide to the JP Traffic Court

Applicant: in the probate and administration context, the person who applies to the High Court for a Grant of Administration***.

Asset: a valuable piece of property that someone owns.

Attorney: the person you empower under an Enduring Power of Attorney

B

Beneficiary: in succession law, a successor to the property in one’s estate. In trust law, a person on who’s behalf trustees hold the property.

Bona Vacantia: property of a deceased person that has no heirs or beneficiaries which passes to the Crown.

C

Care and Welfare Attorney: an Attorney*** under an EPA tasked with managing the EPA-maker’s care and welfare. $ Case Manager An ACC case manager deals with claims where a case is more intensive and requires more in depth case management.:

Category 1 offences: Offences are categorised according to section 6 of the CPA.

Caveat: a formal document lodged to stop administration from being granted in order to resolve a dispute in the meantime.

CDA: Criminal Disclosure Act 2008.

Charging document: A charging document is the formal method of accusing someone of breaking the law. For more information, see Part 4(C)

$ Claims Manager An ACC claims manager handles claims that do not require in depth case management. These cases are usually uncomplicated but still require regular payments to be managed.:

Codicil: a document that changes, rather than replaces, a previously executed will. The original will and a codicil (or even many codicils) are read together. $ Cognitive Rehabilitation (ACC) This involves a rehabilitation process aimed at the way that the brain works, it will often involve therapy.:

Conditional Gift: a gift in a will that is subject to a condition, usually that the beneficiary obtain a certain age.

CPA: Criminal Procedure Act 2011.

$ :

D

Debt Forgiveness: a clause in a will that cancels any debt owed to the will-maker by a (class of) beneficiary. $ Dependent (ACC) A dependent is a member of your immediate family who is dependent on you for physical care. A dependent requires this care as a result of illness or injury.:

Discretionary Trust: a trust where the trustees have discretion over how and when to distribute property to beneficiaries.

Donor: the person who creates an EPA and thereby donates powers to their nominated attorneys.

E

Election: in the probate/administration context, the choice that a surviving partner may make between inheriting and dividing property under the Property (Relationships) Act 1976.

Enduring Power of Attorney (EPA): a document, being in the prescribed form and complying with certain formalities, appointing another to act on the creator’s behalf in relation to the creator’s property or their care and welfare, such document being effective even when its creator loses mental capacity.

EPA-maker: see Donor.***

Estate: all the property that someone owns, especially upon and after their death.

Execute: make a document legally valid and effective by complying with certain requirements, usually including one’s signature.

Executor (EGGS-ECK-YE-TER, not EXE-CUE-TER): a person nominated in a will-maker’s will to administer their estate. See Personal Representative***.

Exhibit: a document attached or annexed to the end of document to be filed at Court. Often, court documents will have many exhibits.

Exhibit Note: a stamped or stickered note, usually placed on the back of an Exhibit***, to identify and verify the authenticity of the exhibit. $ External Force (ACC) An external force is a pressure applied to you that is not a part of you. This can include any impact from another source. Gravity has been held to be an external force.:

F

Family Court: a division of the District Court that deals with family matters (marriage, care arrangements, children, etc).

File: submit a document to court with the court’s Registrar***.

Forced Heirship: rules in some countries that require portions of an estate to be distributed to specific people (“heirs”). New Zealand does not technically have forced heirship rules, but the effect of the Family Protection Act 1955 may force will-makers to make gifts to specific people (such as children). Compare Testamentary Freedom***.

G

$ Gradual Process (ACC) A gradual process is something that occurs slowly over time. It can be the result of the aging process, repeated use or movement, or wear and tear. Wear and tear occurs when something naturally degrades over time through exposure to the elements or through use.:

Grant of Administration: Probate*** or Letters of Administration***. This term is often used instead of “probate” or “letters of administration” when the precise type of grant is unknown or not important.

H

High Court: the High Court at Wellington deals with all probate and administration matters. More generally, the High Court can hear any type of criminal or civil case, regardless of the amount of money in dispute. It also hears appeals from lower courts and tribunals, and the High Court’s decisions may be appealed to even higher, specialist appeal courts (the Court of Appeal and the Supreme Court).

I

$ Internal Force (ACC) An internal force is something that comes from inside of your body. This will often take the form of a cough or sneeze that may cause an injury.:

Inter Vivos Trust: a trust created during the lifetime of the settlor, also called a living trust. Compare Testamentary Trust.***

Intestacy: the state of having died without a will (noun).

Intestate: to describe the state of having died without a will (adj) or the person having died as such (noun).

Intestate Administration: the process of administering someone’s estate pursuant to the intestacy*** rules.

Issue: usually all of one’s descendants (children, grandchildren, great-grandchildren, etc); sometimes, depending on the context, only their children.

J

Joint Tenancy: a form of co-ownership where two or more people hold equal shares of a piece of property and where, upon an owners death, their share is absorbed by all other owners’. See Right of Survivorship*** and compare Tenancy in Common.***

Justice of the Peace (JP): an official with some special powers. Often, people may approach a JP to take an oath or affirmation or to act as a witness to a signature.

K

L

Lapse: the failure of a gift in a will because the beneficiary died before the will-maker.

Legacy: a specific gift or sum of money left to someone in a will.

Letters of Administration: a grant authorising someone, the Administrator, to administer a deceased person’s estate. Compare Probate.***

Letters of Administration on Intestacy: a grant of letters of administration where someone has died without a will.

Letters of Administration with Will Annexed: a grant of letters of administration where someone has died with a will.

Life Interest: a right for someone to enjoy property or income from property during their lifetime only.

M

Māori Freehold Land (MFL): a particular status of land designated as such by the Māori Land Court where the land is owned beneficially by Māori.

Māori Land Court (MLC): the MLC decides matters about the succession of MFL, amongst other things.

Mental Capacity/Capability: the level of mental aptitude needed to be able to make/change/cancel and EPA.

Mental Incapacity/Incapability: the level of mental aptitude which initiates an attorney’s powers under an EPA. $ Mental Injury (ACC) This is defined in the Accident Compensation Act 2001. It includes a problem with your psychological state, or your behaviour that is ‘clinically significant’. This means that it will need to be a diagnosed condition. A mental injury will also need to be an injury that meets the definition of a ‘physical injury’ and will require treatment.:

Mirror Will: a will made by two people sharing substantially the same content, typically sharing assets and beneficiaries in the case that either party is dies first or survives the other. Compare Mutual Will.***

Mutual Will: a will made by two or more people agreeing that their property will be distributed in a particular way, often stopping the survivor(s) from changing their will once the first has passed. Compare Mirror Will.***

N

Next of Kin: the closest living relatives of a person.

O

P

$ Partner A partner includes the husband, wife, spouse, partner by way of civil union, and de facto partner.:

Partial Intestacy: the state of a will disposing of only part of the deceased’s estate, leaving the remainder to be distributed under intestacy*** rules.

Per Capita: a method of dividing a gift in a will equally amongst all members specified in the gift. A gift to “my grandchildren per capita” will result in a grandchild with more siblings receiving the same as a grandchild with fewer siblings. Compare Per Stirpes.***

Per Stirpes: a method of dividing a gift in a will equally through each branch in the family tree. A gift to “my grandchildren per stirpes” will result in a grandchild with more siblings receiving less than a grandchild with fewer siblings. Compare Per Capita.***

Permanent Impairment

A permanent impairment is an injury that impairs you that you cannot recover from. This can include permanent brain damage or the loss of a body part.

Personal Injury

A personal injury is an injury that qualifies for cover under Accident Compensation Act 2001. It is defined in section 26 and includes

• the death of a person;
• physical injuries;
• mental injuries suffered because of physical injuries;
• mental injuries suffered because of a sexual offence;
• a work-related mental injury;
• damage to dentures or prosthetics.

Personal Representative

an executor or administrator of the deceased’s estate. This term is often used to refer to the executor or administrator of an estate when the person’s precise role is unknown or not important.:

Physical Injury

A physical injury requires actual damage to the body, and will not include a diagnoses of ‘pain’ without a diagnosis of an actual injury. Injuries will include :

• Wounds;
• Lacerations;
• Bruises;
• Sprains;
• Strains;
• A gradual process injury;
• Fractures;
• Amputations;
• Dislocations;
• Blindness;
• Something being in your eye;
• Poisoning;
• Damage to dentures or prosthetics.

Policy Owner: in relation to a life insurance (assurance) policy, the person who is paid any amounts arising from the policy. Sometimes, it is the person who’s life is insured (assured), and sometimes it is another person.

Power of Attorney (POA): a document that authorises someone, the attorney, to act on behalf of another, the donor. With the exception of the EPA***, POAs usually cease to be effective when the donor becomes mentally incapable.

PPPR Order: an order made under the Protection of Personal and Property Rights Act 1988, including appointment of a Property Administrator***, Welfare Guardian*** and Property Manager***.

Preferred Classes of Alienees: in relation to Māori Freehold Land or a Māori Incorporation, the classes of people whom an owner must preferably give their interest or a lesser interest if they wish to give away the interest.

Probate: when granted, a formal confirmation of the validity of the deceased’s will and the formal appointment of an executor.

Property Administrator: someone appointed by the Family Court to deal with a particular piece of property of a mentally incapable person.

Property Attorney: an Attorney*** under an EPA that is tasked with dealing with the EPA-maker’s property.

Property Manager: someone appointed by the Family Court to deal with a mentally incapable person’s property.

R

Right of Survivorship: in a joint tenancy, the right of co-owners to inherit a deceased co-owner's share automatically.

Real Property: property in land, such as

Rectification: a legal process to amend a will if there is evidence it does not reflect the testator’s true intentions due to an error or omission.

Registrar (of the High Court): an official at the High Court who is responsible for accepting documents for filing, keeping records of documents and distributing documents created by the Court. The Registrar at the Wellington High Court has some special powers around making Grants of Administration***.

Remaining Estate: see Residue.***

Renunciation: when a nominated executor formally declines to take up the role of administering the estate.

Residuary Estate: see Residue.***

Residue: the portion of the estate left after debts, taxes, expenses and specific gifts have been distributed. The amount of the residue cannot be known for certain until the estate is near fully administered.

Residuary Beneficiary: a beneficiary in a will entitled to (part of) the residue of the estate when it is distributed.

Revocation Clause: a clause in a will that cancels all previous wills made by the will-maker.

Revoke: cancel the validity of a document.

S

Settlor: someone who transfers property to trustees to be held on trust for beneficiaries. $ Social Rehabilitation (ACC) Social rehabilitation is aimed at helping you to rejoin the community. It will cover any rehabilitative method or tools that are not used to help you to return to work. Social rehabilitation is used to help you to enjoy life.:

Specific Gift: a gift in a will of a specific piece of property.

Survivorship: see Right of Survivorship.***

T

Tenancy in Common: a form of co-ownership where each owner holds an undivided share, which can be passed to their heirs upon their death. Compare Joint Tenancy.***

Testamentary: usually, of the thing that follows it, that it arises under a will.

Testamentary Capacity: the legally sufficient, mental ability of a person to make a valid will.

Testamentary Freedom: the principle that someone is free to do whatever they want with their property on their death. Compare Forced Heirship.***

Testamentary Guardian: a person appointed in a testator’s will to care for a child upon the testator’s death.

Testamentary Trust: a trust established by a will that comes into effect upon the testator’s death. Compare Inter Vivos Trust.***

Testator: see Will-maker.*** Usually used to refer to such a person now deceased.

Testatrix: a female Testator.***

Treatment Injury A treatment injury is any injury that you sustain during, or as a result of a treatment. Treatment begins from the time that you seek help from a medical professional.

Trust: a relationship between trustees and beneficiaries.

Trust Deed: a document setting out the terms and conditions of a trust, and part of a will*** if the testator creates a testamentary trust.

Trustee: the legal owner of property held for the benefit of beneficiaries.

U

Ultra Vires: where a person (a trustee, for example) has acted outside of the power(s) conferred on them.

Undue Influence: pressure, coercion or an amount of influence that prevents someone from making a will freely and voluntarily.

V

W

Welfare Guardian: a person appointed by the Family Court to look after a mentally incapable person’s welfare.

Will: a document expressing wishes about the testator’s property or their child’s care arrangements upon their death.

Will-maker: someone who writes a will.

Witness: someone who can attest to something they observed. In the context of wills, probate and administration, a person who observes the signing of a document and can attest to its authenticity.

X

Y

Z

-- Main.JudiEathorneGould - 22 January 2025