Who Is Legally Next of Kin in New Zealand?
When someone dies without a valid will in New Zealand (intestate), the Administration Act 1969 establishes who has priority to apply for Letters of Administration and how the estate will be distributed. This guide explains who is considered next of kin under New Zealand law.
When someone dies without a valid will in New Zealand (intestate), the Administration Act 1969 establishes who has priority to apply for Letters of Administration and how the estate will be distributed. Follow this guide to understand who is considered next of kin.
Next of Kin Priority Levels
SPOUSE, CIVIL UNION OR DE FACTO PARTNER
(De facto relationship must be at least 3 years)
CHILDREN
(Including legally adopted children)
PARENTS
BROTHERS & SISTERS
(Including half-siblings)
GRANDPARENTS
AUNTS & UNCLES
If no relatives exist
Estate passes to the government
Important Notes:
- Next of kin status determines who has priority to apply for Letters of Administration
- How the estate is distributed follows a different formula under the Administration Act 1969
- If multiple people have equal priority (e.g., several children), they can apply jointly
- Step-children are not considered next of kin unless legally adopted
- Friends cannot be next of kin regardless of relationship closeness
Need help navigating intestacy?
Our experts can guide you through the process of applying for Letters of Administration
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.