Legal Matters - New Zealand Law Articles

When do I need to involve a lawyer when buying a house?

Wed, 22 Oct 2025 01:43:18 GMT

Purchasing a home is a major milestone, filled with both excitement and a fair share of challenges. Whether you're in Napier or elsewhere in New Zealand, understanding when and why you need a lawyer for conveyancing can save you time, stress, and even money. At Legal Matters, our dedicated team of Napier lawyers are here to guide you through the property transaction process with ease.

In this article, we’ll walk you through the steps of the house purchase process, explain what an offer is and the key points to include in it, introduce you to conveyancing, and explain why talking to a lawyer early on really matters.

We’ve created this for first home buyers but is relevant if you want a refresher or if it’s a long time since you bought your last home, or are buying an investment property.

First Up, What is Conveyancing?

Conveyancing is the legal process of transferring property ownership from one person to another. Whether you’re buying or selling, your conveyancer ensures that the transaction is carried out smoothly, legally, and without complications.

This involves:

preparing or reviewing contracts
carrying out searches
checking the property title
making sure all legal requirements are met before the property officially changes hands

A lawyer or a licensed conveyancer handles all the legal paperwork, and ensures your interests are protected during the sale or purchase. Our Napier lawyers at Legal Matters have helped to transfer ownership of hundreds of Hawke’s Bay properties and aim to make the process simple and stress-free.

How Does the House Buying Process Work?

Whether you're buying or selling, the process follows a general path. Here’s how it usually goes:

At Legal Matters, we’ll be there every step of the way, ensuring that your conveyancing process is smooth and stress-free.

PRO TIP

What Should You Include in Your Offer?

An offer is a legal document, and it’s critical to get the details right. Your real estate agent will help you draft your offer, but it’s essential to make sure certain conditions are included. Here’s what you should think about (and make sure they include):

Price and Deposit: This is the price you are willing to pay for the home and the amount of deposit you’ll pay upfront.

Conditions: These might include things like securing finance or getting a satisfactory builder’s report. If you want the property to be professionally cleaned before moving in, you can make that a condition as well.

Settlement Date: This is when the transaction is finalised. You’ll need to decide on a date that works for both you and the seller.

Solicitor’s approval: Especially if you're the buyer, ensure that your lawyer has the right to check the contract terms and conduct title and land registry checks to make sure the seller has clear ownership of the property.

Chattels: Make sure to specify what stays with the property—whether that's appliances, curtains, or garden sheds.

Why Involve a Lawyer Early?

Engaging a lawyer early in the conveyancing process can save you time, money, and potential headaches down the line.

We’ll make sure your offer is clear, balanced, and legally sound, so you don’t run into issues after you’ve signed the dotted line.

Let Us Help You

At Legal Matters, we believe in clear, straightforward advice that’s tailored to your needs. Our team of Napier lawyers has years of experience in property law and conveyancing, and we’re here to guide you through every step of the process.

Not sure about the next steps?

Give us a call - we can run you through the conveyancing process. We’ll answer your questions, explain the legal details in simple terms, and give you the clarity you need to move forward confidently.

Once you’re ready, we’ll set up a meeting to discuss fees and the terms of engagement, so you know exactly what to expect. We pride ourselves on being transparent and approachable, so there are no surprises.

Final Thoughts

Involving the right lawyer in the house sale or purchase process is essential to ensure everything goes smoothly and legally. At Legal Matters, we’ve designed our services to make property transactions clear, easy, and stress-free for everyday New Zealanders. Whether you're buying or selling, we’ve got your back.

So, if you’re ready to make your next move, don’t hesitate to get in touch with our Napier lawyers. Let’s make your property journey stress-free, together.

Send us a message or call today.

Appointments are available online or at our Napier office.

Choosing the right lawyer matters, because the quality of legal advice can have a big impact on your life. That’s why we take our role as your lawyer so seriously.

Learn more About Us here .

Why do I need to take action on getting a will?

Tue, 19 Nov 2024 01:24:12 GMT

People are often uncomfortable or even fearful about making a will.

People are often uncomfortable or even fearful about making a will because they have to confront the fact that they will die one day. It can also seem so far off that it doesn’t matter right now. This means people often procrastinate or avoid doing it altogether, creating a messier problem down the line. At Legal Matters in Napier we want to offer you the benefits of our experience, to help you and your family at key times in life.

Taking action and getting a will is important for several reasons:

Control Over Your Assets :
A will allows you to decide who will take control of your estate after you die, and how your assets will be distributed after your death (perhaps to family, friends or charities). Without one, the Administration Act 1969 will determine the distribution, which may not reflect your wishes (we cover this below).
Simplifies the Process :
A will can streamline the probate process, making it easier for your heirs to manage your estate. Without it, the process can become complicated and lengthy.
Reduces Family Disputes :
A clear will can help prevent disputes among family members about how your assets should be divided. In our profession we know that even the most amicable of families can end up with different understandings at these times.
Guardianship :
If you have children under 18, a will lets you name a guardian for them, ensuring they are cared for by someone you trust.

What happens if I don’t have a will?

In New Zealand, if you die without a will, a close family member or other person suitably connected to you must go through the lengthy process of applying for letters of administration on intestacy (instead of probate) to be authorised to deal with your property and manage your estate.

It also means your estate will be distributed according to the rules set out in the Administration Act 1969, which might not match your wishes.

Here’s a general overview of what that distribution would be:

Spouse or Partner:
If you have a spouse or partner, they will receive the first part (prescribed amount) of your estate (currently up to $155,000, plus personal chattels) and a share of the remaining estate. If you have no children, or parents your spouse or partner receives your entire estate.
Children:
If you have children, they will inherit two-thirds of the remaining estate after the spouse or partner's prescribed amount. Your spouse or partner receives the other third on top of the prescribed amount for a spouse or partner. If there’s no spouse or partner, the children will receive an equal share of the entire estate.
Parents:
If you have a spouse or partner and no children, and one or both or your parents are alive they will be entitled to a third of the remaining estate after the spouse or partner's prescribed amount.
No Immediate Family:
If you have no spouse or children, the estate will be distributed to your parents, siblings, or other relatives according to the hierarchy set by section 77 of the Administration Act 1969 .
No Relatives:
If no relatives can be found, your estate will go to the Crown.

Dying intestate (without a will) can complicate the process, potentially leading to delays and increased legal costs and disputes among surviving family members. It’s generally advisable to have a will to ensure your wishes are clearly stated.

Let’s tick your will off the to-do list

At Legal Matters we can help you get your estate in order by guiding you to make an up-to-date will that reflects your unique life. We can also help you with other asset planning structures such as a trust.

Book an appointment at our Napier office or we can meet you online and get things sorted.

Choosing the right lawyer is so important, because the quality of legal advice can have a big impact on your life. That’s why we take our role as your lawyer so seriously. Learn more About Us here .

What is Probate?

Tue, 19 Nov 2024 01:24:08 GMT

If you haven’t heard of probate, you’re not alone.

If you haven’t heard of probate, you’re not alone. We hope that this article, written by our lawyers at Legal Matters in Napier, may help you understand the probate process at what can be a difficult time.

In New Zealand , probate refers to the legal process of proving and registering a deceased person's will in the High Court to ensure that their estate is distributed according to their wishes. If the person dies without a will, a similar process known as "letters of administration on intestacy" applies.

Authority from the High Court

Any land belonging to the deceased cannot be transferred, and often banks or other financial institutions will not allow anyone to deal with the deceased’s property, without being authorised to do so by the High Court.

What is the Probate Process?

Probate Fees and Timeframe:

Probate involves filing the application and paying a filing fee with the High Court. The legal costs for preparing the application vary depending on whether there is a will with executors who are willing or able to act or not. Without a will, the application process can often be costlier and more complicated – especially if heirs do not agree on who should take control.
The time it takes to obtain probate can range from several weeks to several months, depending on the complexity of the estate, whether there are any disputes, and the court’s workload.

In general, the probate process is designed to ensure that estates are settled in an orderly and fair manner, ensuring the deceased’s wishes (if they had a will) are respected or that their estate is distributed according to law if no will exists.

Need help to navigate the wills & estates process?

If you are currently working through a death or you haven’t got a will in place, let us know and we can book an appointment at a time that suits you, and offer our help. You can also learn more about why it’s important to take action on getting a will here .

Book an appointment at our Napier office or we can meet you online.

Our friendly and experienced team are also here for any other legal questions you may have, including for property, mortgages & trusts.

Thinking of refinancing your mortgage? Here's some things to consider.

Tue, 08 Oct 2024 21:40:09 GMT

What does refinancing mean?

Refinancing your mortgage involves replacing your current mortgage with a new one, usually with a different bank and on different loan terms.

When you borrow money from a bank they will require security for the loan. When you sign a loan agreement with a bank, in the terms of that agreement you agree to give the bank a mortgage over your security property – this is the property you are borrowing against.

The bank will require the mortgage to be registered against the title of your property. The terms of the security agreement are recorded in a memorandum of mortgage which is recorded on the title of your property. Usually what this security agreement provides is that if you do not repay the loan extended to you by the bank, they will have the right to take possession of your property and sell it to recover the money that you owe them. A solicitor is required to register the mortgage.

If you want to switch banks, the new bank will also want a mortgage over your security property so the current bank will have to release their security in order for that to happen. The current bank will first require repayment of their loan – usually this is paid using the proceeds of the new loan from your new bank.

The legal process

This is where solicitors are involved. A solicitor will contact your current bank and request a discharge of mortgage and usually the bank will also provide a settlement statement showing the amount of money that needs to be repaid on the settlement date. The new bank will forward loan documents to the solicitor that you will need to sign and in those loan documents will be an agreement to give a new mortgage to the new bank.

On the settlement day the new bank will forward the funds to the solicitor’s trust account. The solicitor will then repay the existing loan, discharge the existing mortgage and register the new mortgage in favour of the new bank. This is a relatively straight forward process and can be undertaken quite quickly once you have approval for the loan from your new bank.

Why do people refinance

Usually this is to get a better deal from the new bank than you have with your existing bank – whether this is lower interest rates, a longer term so that repayments are reduce, to get a cash incentive from the new bank (who wants to win your business). This will depend on your unique circumstances, and you should check what other banks are offering and compare it with your own bank. You should also consider the possible costs involved in refinancing such as break fees if your existing loan is on a fixed term, valuation fees, bank fees from your existing lender and legal fees. A good mortgage adviser can help you decide if this is right for you.

Thinking of refinancing?

We offer a fixed fee for a simple refinance. If you are thinking of refinancing feel free to give us a call to discuss next steps.