What happens if someone dies without a will in New Zealand?

General information from Lawmateanz

When someone dies without a valid will in New Zealand, it's called dying 'intestate'. Their estate is then shared out under set rules in the Administration Act 1969, not according to what they may have wanted.

If they had a spouse, civil union partner or de facto partner, the partner usually receives the personal belongings, a fixed sum from the estate, and a share of what's left. The rest generally goes to any children. If there's no partner or children, the estate passes to other relatives in a set order, starting with parents and then brothers and sisters.

A surviving partner can instead choose to divide relationship property under the Property (Relationships) Act 1976. Strict time limits apply to that choice, so get advice early.

Someone, usually a close family member, applies to the High Court for 'letters of administration' to be allowed to deal with the estate. Some small estates can be handled without this.

Public Trust and Community Law Centres have free information, and a wills and estates lawyer can help with the application.

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