Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a deceased person left a valid will but there is no named executor who is able or willing to act. This plan guides the practitioner through identifying the exact trigger (such as executor death, renunciation, marriage dissolution, or mental incapacity) and determining the priority of beneficiaries entitled to apply for administration. The appointed administrator must perform the provisions of the will as if probate had been granted to an executor.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | |||
Jurisdiction: High Court of New Zealand (Probate Unit at Wellington). This is a procedural fork of the parent probate administration plan, triggered when a will exists but the named executor cannot act.
The Process at a Glance: Review the original will to identify the named executor and confirm the reason they cannot act. Obtain a formal renunciation or death certificate of the executor if applicable. Determine the priority of applicants using the beneficial interest hierarchy. Draft the ex parte application and the supporting affidavit for obtaining letters of administration with the will annexed. Fasten the pleadings, execute the physical swearing of affidavits before an authorized solicitor, and inspect the original will for plight. File the physical bundle with the Wellington Probate Unit. Once the letters are sealed and issued, open the estate accounts, publish the creditor notice, and distribute the estate.
Key Legislation and Case Law: Governed by the Administration Act 1969, including s 9A applications by attorneys and s 19. The Wills Act 2007 governs will validity and s 19 voids spousal appointments upon marriage dissolution. Rule 27.25 of the High Court Rules 2016 governs the triggers for letters of administration with the will annexed, and Rule 27.26 establishes the priority hierarchy of administrators, requiring Form PR 1AA and Form PR 2. Under the High Court Fees Regulations 2013 as since amended, the registry filing fee is $275 (item 35 of the Schedule to the High Court Fees Regulations 2013, as at 5 August 2026).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Probate Administration (Executor) - Letters of Administration with the Will Annexed Pathway matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Wills and Estates cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
| text |
| Required |
inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Verify the triggers for administration with the will annexed and establish the applicant's standing.
Complete and execute all pleadings for letters of administration with the will annexed.
Submit physical pleadings to Wellington High Court and receive the sealed grant.
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