Discover how NZ’s new $40,000 probate threshold affects your estate planning and how a will can save your family thousands.
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Big Win for Families: Probate Threshold Raised to $40,000
As of 24 September 2025, the New Zealand Government has increased the probate threshold from $15,000 to $40,000 — a long-overdue change that could save thousands in legal fees for grieving families.
For over a decade, the $15,000 limit has meant even modest estates — often with just KiwiSaver, a car, and basic savings — had to go through the High Court process. That meant lawyer costs, paperwork delays, and added stress.
“Most estates now include KiwiSaver balances well over $15,000… smaller estates are being eaten up in court costs and legal fees,”
– Justice Minister Paul Goldsmith
Under the new rule, if your estate is valued at $40,000 or less AND you have a valid will, your family won’t need to apply for probate through the court. That’s potentially thousands saved in costs and months saved in time.
What If You Don’t Have a Will?
That’s where this reform catches a lot of people out:
If you die without a will, your estate must still go through probate, even if it’s worth only $10,000.
So yes — having a will is essential.
Why This Matters in 2025
With most KiwiSaver accounts now exceeding $15,000 — and often pushing past $30,000 when combined with vehicles and savings — even the simplest estates can unintentionally require court intervention under the old rules.
This change makes good estate planning more valuable than ever.
How Canterbury Legal Helps
At Canterbury Legal, we help you:
- Draft a clear, legally sound will that works when needed
- Update your will to reflect the new $40k rule
- Structure your estate to avoid probate altogether if possible
- Provide guidance to your executor on documentation, asset values, and KiwiSaver access
- Ensure your family isn’t burdened during a difficult time
4-Step Action Plan
- Book a consultation with Canterbury Legal
- Get a professional will (not a risky DIY version)
- Review your current will if it’s over 3 years old or your situation has changed
- Make sure your executor knows your lawyer’s details
Final Word
The Government’s changes will save families money and stress, but only if they’ve got their estate planning sorted. A will is your ticket to making sure the new threshold actually works for you.
New rules apply from 24 September 2025.
Talk to Canterbury Legal today to ensure your family is protected.
