I don’t have my ex-wife or daughter’s details, can I leave them my house? Ask Susan

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I divorced in my 50s, and had to rebuild and restructure my life. However, one thing has never changed - I still want my former wife and daughter to receive the benefit of what would have been theirs had we remained together.

Regardless of our circumstances, they are still my family. My concern relates to my estate and my will.

I have very limited information about their whereabouts. I know that they are no longer living in New Zealand, despite retaining New Zealand citizenship, and that they have migrated overseas.

I know the country in which they now live, but I do not have any current contact details for either of them.

I have a will with Public Trust and would like my estate to pass to them. I live alone, own a modest mortgage-free home and still have many possessions with sentimental value from earlier years.

My question is what ability do executors have to locate beneficiaries, when contact details are unavailable? My daughter, who is now 26 years old, still has a KiwiSaver account that I established for her in 2008, which may provide some evidence of her existence and identity.

I am concerned that attempts to locate beneficiaries could become a lengthy and expensive process, potentially creating significant legal costs and delaying the administration of the estate. I have acquaintances, but no close family or friends whom I could rely upon to assist, so I expect I would be largely dependent on the executors to manage everything.

I asked Justine Wood, who is a specialist trustee at Public Trust, what she would advise.

She said you were not alone in having a complex family situation, and your will should reflect your wishes and what is important to you, whatever form that takes.

"It's not clear whether you made your will before or after your divorce, which might change things, or if you've already included your ex-wife and daughter in your will, or just considering to do so," she said.

If your will was made before your divorce, your instructions for your ex-wife to inherit could be void, unless you specified you'd like her to inherit from you, despite a divorce, so it would be a good idea to review your will as a first step.

"Even if the will was made after your divorce, we'd still recommend a review, if you're feeling uncertain about how it communicates your wishes or want to clarify anything. Our team are always happy to help with any questions, so please give us a call."

She said not having your ex-wife or daughter's current contact details would not prevent your estate being left to them.

"It sounds like you may have named Public Trust the executor of your estate. When Public Trust is named executor, part of our role is to identify and work with the beneficiaries named in the will, and distribute the estate according to the willmaker's instructions.

"We regularly need to locate beneficiaries as part of this work. Even if you do not name Public Trust as your executor, whoever you name may be able to contact Public Trust for support.

"Where a beneficiary cannot be located, we have processes for trying to find them. The fact your ex-wife and daughter are New Zealand citizens is helpful, although them living overseas could make things trickier.

"Depending on the circumstances and the information available, this can involve carrying out online and public-record searches, and using specialist services, such as genealogists or private investigators.

"You are correct that locating a beneficiary can add time and expense to administering an estate. Sometimes, it can take months or years to settle these types of estates, if the people cannot be found - that's something for you to consider.

"A useful thing you could do is make the executor's job as straightforward as possible and give them a starting point. While you're able to do so, consider providing the executor with everything you currently know about your ex-wife and daughter, such as their full names, dates and places of birth, previous addresses, the country they are believed to be living in, any details of relatives or other people who may be able to help, and any other information that could assist in identifying or locating them.

"That information could really help further down the track."

I understand the gifting threshold is $8500 a year within five years of going into care [for people who are applying for the rest home subsidy]. Beyond that is $27,000 a year.

How far back can MSD go in assessing amounts for asset testing? Is it covered by the Limitations Act 2010?

A Ministry of Social Development spokesperson said there was no time limit on how far back it might consider assets that had been gifted.

"As you've stated, $27,000 is the threshold for gifting in any one year beyond the five-year gifting period."

I have been donating money to various organisations this year and have sent the relevant details to IRD in order to receive a small tax return next year.

Sounds simple... no, IRD staff have stated only particular organisations that we donate to can return New Zealanders a rebate. I tried for several months to obtain all relevant details to give to IRD staff, then gave up as being too difficult.

I am a pensioner, so do not have an expensive taxation adviser to work for me, so I now just donate money, without attempting to receive an IRD refund.

You are right that the 33.33 percent donation tax credit is only available for donations made to approved organisations. The list is quite long, but I have heard from people who have been caught out by the requirement that the charity is doing the bulk of its work in New Zealand.

I guess this makes sense, because the idea of the tax credit is to encourage donations that benefit New Zealand.