Dobbie's co-authors discuss legal challenges, unusual cases, and the future of probate law
For legal professionals dealing with wills, estates, and probate, Dobbie’s Probate and Administration Practice has long been a go-to resource. Now in its seventh edition, the LexisNexis NZ publication continues to evolve with the law, offering guidance on everything from High Court rules to the latest case law.
Co-authors of the bestseller Greg Kelly and Chris Kelly, both seasoned experts with 40+ years each in the field, recently shared their insights on the latest updates to Dobbie’s and the fascinating complexities of probate work.
Probate law might seem like a settled area of practice, but as the co-authors point out, there are always new cases coming through. That means legal professionals need reliable, up-to-date guidance—something Dobbie’s has provided for decades.
Greg Kelly, consultant at Greg Kelly Trust Law, notes that there have been a large number of cases on the validation of wills over the last decade, as well as some thorny emerging issues arising from relationship property agreements.
“There has been a lot of litigation over the power to correct wills, and over admission of external evidence under sections 31 and 32 of the Wills Act,” Kelly explains.
“Also, there are increasing issues on how relationship property agreements can impact who is entitled to probate or letters of administration in a will. When separation and relationship property agreements are drafted, few think about the effect on who will be appointed administrator of their estate or will. That can cause issues – especially in cases where marriages were not formally dissolved.”
For many legal practitioners, probate is something they only deal with occasionally. That’s why practical resources, especially precedents, are so crucial. High Court judges and staff refer frequently to Dobbie’s in probate cases, making the publication a well-established and trusted resource.
Chris Kelly, who is now teaching at Victoria University, emphasises just how valuable precedents are. They deal with a vast range of situations, including unusual scenarios that a lawyer might only encounter once or twice in their career.
“You can’t cover everything, but making sure that the precedents are as comprehensive as they can be is important for us,” Chris says.
Chris notes that probate law is also a great preparation for litigation work, thanks to its structured nature and the need for precise procedural knowledge.
“That may sound strange, since probate is very much a desk-bound job,” he comments.
“However, it helps you understand the structure of the High Court rules. It’s incredibly useful for a future litigator to have that experience. With this edition, we’ve tried to ensure that practitioners are prepared for whatever comes their way.”
While probate law has traditionally been slow to change, several factors could reshape its future—from technological advancements to the growing recognition of Tikanga Māori in legal processes. Questions around e-probates, artificial intelligence, and long-overdue reforms are becoming more pressing, and while no one knows exactly how these developments will unfold, Greg and Chris Kelly see significant shifts on the horizon.
Greg Kelly points out that several areas of probate law are well overdue for reform – in particular, succession law and the statutory legacy.
“Like every area of law, this space will keep moving,” he says.
“Statutory legacy, for example, which is the protected sum for a surviving spouse or partner on intestacy – that will be changed, it’s just a matter of when and how much. Succession law needs to be entirely reviewed and reformed, because much of the legislation goes back to the 50s and 60s. The Law Commission made detailed recommendations over 3 years ago.”
The adoption of technology in probate law has also remained surprisingly static. As Chris Kelly points out, much of the process hasn’t changed significantly since the 19th century, and the legal profession is still waiting to see whether e-probates will finally emerge.
“When the 5th edition came out, I remember our dad saying – we’ve got Land Online, electronic registration in conveyancing – when are we going to have e-probates?” Kelly recalls.
“That was sixteen years ago, and probates still haven’t significantly changed. It would be a big investment of money and resources, but it’s certainly something we hope to see in the future.”
The other elephant in the room with technology is AI – and Chris notes that it can present both an opportunity and a challenge in legal drafting. It can do an excellent job of streamlining processes, but will still need human oversight to ensure that legal documents reflect the true intentions of the will-maker.
“The algorithm has to recognise that what people say is not necessarily what they mean, or what they’re really thinking,” Chris Kelly says. “I’m not sure it’s reached that level of sophistication yet, and there’s no substitute for intelligent human authors taking control of the final form of the documents.”
Greg Kelly notes that modernising probate law isn’t just about technology or cultural adaptation—it’s also about acknowledging the increasing complexity of people’s lives. Probate documents and will drafting is often treated as a ‘routine’ task that anyone can do – but Kelly stresses that this is a risky approach to take.
“People’s personal and financial circumstances are far more complicated than they used to be—second or third relationships, blended families, overseas assets, digital estates,” he says.
“Trying to slot everyone’s circumstances into a one-size-fits-all document is becoming completely inappropriate. You need to have specialist knowledge in this area, and drifting into it as a general practitioner can be pretty dangerous.”
“All kinds of weird and wonderful things have happened over the years,” Chris Kelly adds. “From lost wills to missing people, you have to be prepared to deal with any situation.”
Finally, an area of growing importance is the role of Tikanga in probate law. While there have been very few probate cases applying Tikanga, Greg and Chris Kelly stress that this is an area to keep an eye on.
One thing is certain – as probate law continues to evolve, having a reliable resource at hand is more important than ever.
“Not everyone gets excited about probates, but we do!” Chris Kelly says. “There aren’t many textbooks that deal with this area in such depth, so Dobbie’s Probate and Administration Practice, 7th edition is an excellent guide to have.”
Hardback format of the book can be purchased from LexisNexis eStore HERE.
TBO (Textbook Online) format of Dobbie’s Probate and Administration Practice, 7th edition on LexisNexis platform will be released in March. If you have a current LexisNexis subscription, please reach out to your Relationship Manager to subscribe. For new customers, please send an email to [email protected].
