When There Is No Will - Intestacy | Public Trust NZ

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No will? Understanding letters of administration

When someone dies without a will, it’s called dying intestate. This means there’s no one to manage their estate, and everything is distributed according to the law—not their wishes.

If you need help applying for a letter of administration, request a call back and a specialist will be in touch.

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Understanding intestacy

If the estate is worth less than $40,000 and doesn’t include property, their next of kin can usually handle it. For anything larger, the law requires formal administration.

To manage a larger estate, someone needs legal authority. This comes from the High Court in the form of ‘letters of administration on intestacy’.These letters give the chosen person – called the administrator – the power to collect assets, pay debts and distribute the remaining assets.

Letters of administration are also required when a will exists, but no executor is named, or none of the named executors are able or willing to act. In these cases, the document issued is called ‘letters of administration with will annexed'. Public Trust can help fulfil this role if you need assistance.

Choosing an administrator is a big decision. It should be someone who:

• Makes decisions objectively,

• Understands the legal responsibilities,

• Has a good understanding of accounting and tax law and

• Has time to manage the process.

To apply for letters of administration, you’ll need to show the court:

• There’s written agreement on who will be the administrator,

• Confirmation that the person applying is entitled to apply and

• If there is no will, a search has been conducted.

Once the court grants the letters of administration on intestacy, the administrator can get started. They’ll manage the estate and distribute assets according to New Zealand law. This depends on family circumstances – like whether there’s a partner, children or parents. If no relatives can be found, the estate goes to the New Zealand Government.

In the case of letters of administration with will annexed, then they’ll manage the estate and distribute the assets according to the will.

More information on how assets are distributed here:

When there isn’t a will, the distribution of assets is determined by law. Note that in New Zealand law, some de facto relationships and civil union partnerships are recognised as equal to marriage, for the purposes of estate distribution. See more about how the Property (Relationships) Act could affect you here.

Without a will, a person’s assets will be distributed according to their family circumstances: 

• If there is a spouse or partner, but no parents or children: The spouse receives the entire estate.

• If there is a spouse or partner and children: The spouse receives the personal effects (such as furniture, paintings, homeware), $155,000 (with interest from the date of death) and a third of anything left. Children will receive the remaining two thirds, divided equally between them.

• If there are stepchildren or a blended family: Where there are blended families the situation is more complex. Whether stepchildren are entitled to benefit from an estate will depend on a number of factors including the age of the stepchildren, their relationship to the deceased and whether they relied on the deceased financially. To fully understand stepchildren’s entitlements you should make an appointment to see your nearest Public Trust Trustee.

• If there is a spouse or partner and parents, but no children: The spouse receives the personal effects (such as furniture, paintings, homeware), $155,000 (with interest from the date of death) and two thirds of anything that’s left. The deceased’s parents will receive the remaining third divided equally amongst them.

• If there are children but no spouse or partner: The children receive the entire estate; it will be shared equally among them.

• If there is no spouse or partner, no children, but there are surviving parents: The entire estate is divided equally between the parent or parents.

• If there is no spouse or partner, no children, no surviving parents but surviving siblings: The entire estate is divided equally between the siblings.

If none of the above scenarios apply, a genealogist will be engaged to determine next of kin details. If no next of kin are able to be located then everything will be passed over to the New Zealand Government. Anyone who thinks they should have benefited from the estate can apply to the New Zealand Treasury to be considered.

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