Intestacy Distribution in New Zealand: Visual Guide
When someone dies without a valid will in New Zealand (known as dying "intestate"), their assets are distributed according to a predetermined formula set out in the Administration Act 1969. This visual guide explains how the intestacy distribution works in different scenarios.
Intestacy Distribution in New Zealand
Scenario 1: When the deceased is survived by both a spouse/partner and children:
- The spouse or partner receives all personal chattels (personal items like furniture, vehicles, etc.)
- The spouse or partner receives a statutory legacy of $155,000
- The remainder of the estate is divided with 1/3 to spouse/partner and 2/3 to children
Scenario 2: When the deceased is survived by a spouse/partner and parents, but no children:
- The spouse or partner receives all personal chattels
- The spouse or partner receives a statutory legacy of $155,000
- The remainder of the estate is divided with 2/3 to spouse/partner and 1/3 to parents
How assets are distributed when someone dies without a will in New Zealand
Understanding Intestacy Distribution
The intestacy rules create a hierarchy of who receives the deceased's assets when there is no will. The distribution depends on which family members survive the deceased, with the closest relatives taking priority.
The key aspect to understand is that different rules apply depending on which family members survive. Let's break down the most common scenarios.
Scenario 1: Spouse/Partner and Children
When the deceased is survived by both a spouse/partner and children:
- The spouse or partner receives all personal chattels (personal items like furniture, vehicles, jewelry, etc.)
- The spouse or partner receives a statutory legacy of $155,000
- The spouse or partner receives one-third of the remaining estate
- The children share the remaining two-thirds equally between them
If a child has died before the deceased but left children of their own (the deceased's grandchildren), those grandchildren share what would have been their parent's share.
Scenario 2: Spouse/Partner and Parents (No Children)
When the deceased is survived by a spouse/partner and parents, but no children:
- The spouse or partner receives all personal chattels
- The spouse or partner receives a statutory legacy of $155,000
- The spouse or partner receives two-thirds of the remaining estate
- The parents share the remaining one-third equally
Scenario 3: Spouse/Partner Only
When the deceased is survived by a spouse or partner, but no children and no parents:
- The spouse or partner receives the entire estate
Scenario 4: Children Only (No Spouse/Partner)
When the deceased is survived by children but no spouse or partner:
- The children share the entire estate equally
- If a child has died before the deceased but left children of their own, those grandchildren share what would have been their parent's share
Scenario 5: Parents Only (No Spouse/Partner or Children)
When the deceased is survived by parents but no spouse/partner or children:
- The parents share the entire estate equally
- If only one parent is alive, that parent receives the entire estate
More Distant Relatives
If the deceased has no surviving spouse/partner, children, or parents, the estate passes to other relatives in the following order:
- Brothers and sisters (or their children if they died before the deceased)
- Grandparents
- Uncles and aunts (or their children if they died before the deceased)
If there are no relatives in any of these categories, the estate passes to the Crown as "bona vacantia" (ownerless goods).
Important Notes About Intestacy Distribution
Qualifying Relationships
- A spouse means the person to whom the deceased was legally married
- A civil union partner means the person with whom the deceased was in a civil union
- A de facto partner only qualifies if the relationship lasted for at least 3 years before the deceased's death
Children
- Children include legally adopted children
- Step-children are not included unless legally adopted
- Children born outside of marriage are included
Separated Couples
If the deceased was separated but not divorced from their spouse, the spouse still inherits under intestacy rules unless there is a formal separation order or agreement.
Intestacy Distribution Chart
Distribution rules under the New Zealand Administration Act 1969
Why You Should Make a Will
The intestacy distribution rules are a one-size-fits-all approach that may not reflect your wishes for your estate. Creating a will allows you to:
- Choose exactly who inherits your assets
- Name guardians for your children
- Make specific gifts to friends or charities
- Establish trusts for minor children or other beneficiaries
- Choose your own executor (the person who will administer your estate)
- Potentially minimize tax implications and administration costs
Without a will, your loved ones may face additional complications, delays, and costs in accessing your assets after your death.
Sarah Wilson
Legal Content Writer
Sarah has over 15 years of experience in New Zealand estate law and specializes in making complex legal concepts accessible to everyone.
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