Intestacy Distribution Rules in New Zealand

When someone dies without a valid will in New Zealand (dying "intestate"), their estate is distributed according to the rules set out in the Administration Act 1969. This article explains these rules in detail.

The Basic Intestacy Distribution Framework

The intestacy rules follow a strict hierarchy:

1. Spouse/Partner and Children

   If the deceased leaves both a spouse/partner and children:

   • The spouse/partner receives all personal chattels
   • The spouse/partner receives $155,000 (current prescribed amount)
   • The spouse/partner receives one-third of the remaining estate
   • The children share the remaining two-thirds equally
2. Spouse/Partner but No Children

   If the deceased leaves a spouse/partner but no descendants:

   • The spouse/partner receives all personal chattels
   • The spouse/partner receives $155,000
   • The spouse/partner receives two-thirds of the remaining estate
   • The parents of the deceased share the remaining one-third
   • If no parents survive, the spouse/partner receives everything
3. Children but No Spouse/Partner

   If the deceased leaves children but no spouse/partner:

   • The children receive the entire estate in equal shares
   • If a child has predeceased, their children (the deceased's grandchildren) share their parent's portion

Further Distribution Hierarchy

If the deceased leaves no spouse/partner and no descendants:

1. Parents

   The parents receive the entire estate in equal shares.

2. Siblings

   If no parents survive, siblings receive the estate in equal shares.

3. Grandparents

   If no siblings survive, the grandparents receive the estate.

4. Aunts and Uncles

   If no grandparents survive, aunts and uncles receive equal shares.

5. The Crown

   If no eligible relatives can be found, the estate passes to the Crown.

Important Considerations in Intestacy

• De facto relationships: Must have been for at least 3 years to be recognized
• Multiple relationships: If there are multiple eligible partners, the court decides the division
• Step-children: Not included unless legally adopted
• "Hotchpot" rule: Advancements made during life may be considered part of the distribution
• Letters of Administration: Required to administer an intestate estate