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How Estates Are Distributed Without a Will in New Zealand

When someone dies without a valid will in New Zealand, the Administration Act 1969 sets out exactly how their estate must be distributed. This distribution formula determines who inherits the deceased's assets and in what proportions.

Distribution Scenarios

1. Spouse/Partner AND Children

Spouse/Partner receives:

  • All personal chattels (belongings, vehicles, household items)
  • NZ$155,000 plus interest
  • One-third of the remaining estate

Children receive:

  • Two-thirds of the remaining estate (shared equally)
  • If a child has died, their share passes to their children (the deceased's grandchildren)

2. Spouse/Partner but NO Children

Spouse/Partner receives:

  • All personal chattels
  • NZ$155,000 plus interest
  • If deceased's parents are alive: Two-thirds of the remaining estate
  • If no parents: The entire estate

Parents receive:

  • One-third of the remaining estate (after the NZ$155,000 and chattels)
  • Only if they are alive at the time of death

3. Children but NO Spouse/Partner

Children receive:

  • The entire estate divided equally among all children
  • If a child has died before the deceased, their share passes to their children

4. NO Spouse/Partner, NO Children

The estate passes in the following order of priority:

1. Parents

The entire estate is divided equally between parents

2. Brothers and Sisters

If no parents, estate divided equally between siblings

3. Grandparents

If no siblings, estate divided equally between grandparents

4. Aunts and Uncles

If no grandparents, estate divided between aunts and uncles

If no relatives exist:

CROWN

Estate passes to the government

Important Notes

Key Points to Remember:

  • These distribution rules apply only when there is no valid will
  • "Spouse/Partner" includes married, civil union, and de facto relationships (of 3+ years)
  • Legally adopted children have the same rights as biological children
  • Step-children do not inherit under intestacy unless legally adopted
  • The NZ$155,000 spouse/partner entitlement is set by the Administration (Prescribed Amounts) Regulations
  • These formulas cannot be changed without a valid will

Comparison: With vs. Without a Will

Without a Will:

  • Fixed distribution according to law
  • No flexibility for personal wishes
  • Step-children receive nothing
  • Friends and charities cannot benefit
  • Potential delays in accessing estate assets
  • May cause family disagreements

With a Will:

  • Distribution according to your wishes
  • Can include step-children, friends, charities
  • Can create trusts for specific purposes
  • Can exclude certain family members
  • Typically faster estate administration
  • Provides clarity for your loved ones

Need help with intestacy?

Our experts can guide you through the estate administration process when someone has died without a will.

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Disclaimer

This article is for informational purposes only and does not constitute legal advice. The information provided is current as of May 2025 but may change due to updates in legislation or court procedures. Always consult with a qualified legal professional for advice specific to your situation.