Dying without a Will

How an estate is to be distributed in New Zealand where there is No Will.

The administration act sets out a formula of who gets what as follows:

1. Husband, wife, civil union partner, or surviving de facto partner, but no issue and no parents

Personal chattels 

- The husband, wife, civil union partner, or surviving de facto partner takes these absolutely, except that any that are subject to a hire purchase agreement, are taken subject to the vendor’s rights under that agreement

Residue of the estate:

- This stands charged with the payment to the husband, wife, civil union partner, or surviving de facto partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39) on that amount from the date of the death until that amount is paid or appropriated

- Anything that remains of the residue is held in trust for the husband, wife, civil union partner, or surviving de facto partner absolutely

2. Husband, wife, civil union partner, or surviving de facto partner, and issue (children)

Personal chattels (as defined in section 2(1)):

- The husband, wife, civil union partner, or surviving de facto partner takes these absolutely, except that any that are subject to a hire purchase agreement, are taken subject to the vendor’s rights under that agreement

Residue of the estate:

- This stands charged with the payment to the husband, wife, civil union partner, or surviving de facto partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39) on that amount from the date of the death until that amount is paid or appropriated

- Anything that remains of the residue is held in trust as follows:

- A third for the husband, wife, civil union partner, or surviving de facto partner absolutely; and

- Two-thirds on the statutory trusts for the issue of the intestate

3. Husband, wife, civil union partner, or surviving de facto partner, no issue, but one or both parents

Personal chattels:

- The husband, wife, civil union partner, or surviving de facto partner takes these absolutely, except that any that are subject to a hire purchase agreement, are taken subject to the vendor’s rights under that agreement

Residue of the estate:

- This stands charged with the payment to the husband, wife, civil union partner, or surviving de facto partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39) on that amount from the date of the death until that amount is paid or appropriated

- anything that remains of the residue is held in trust as follows:

- two-thirds for the husband, wife, civil union partner, or surviving de facto partner absolutely; and

a third for the father and mother in equal shares absolutely or, if the intestate leaves only one parent, for that parent absolutely

4. Issue but no husband, wife, civil union partner, or surviving de facto partner

All of the estate is held on the statutory trusts for the issue of the intestate

5. No husband, wife, civil union partner, or surviving de facto partner, and no issue, but one or both parents

All of the estate is held in trust in equal shares for the parents, but if the intestate leaves only one parent, for that parent

6. No husband, wife, civil union partner, or surviving de facto partner, no issue, and no parents, but 1 or more brothers or sisters (whether of full or half-blood)

All of the estate is held on the statutory trusts for the 1 or more brothers or sisters

7. No one who takes an absolutely vested interest under the trusts referred to in items 1 to 6, but one or both maternal or paternal grandparents, or 1 or more maternal or paternal uncles or aunts (whether of full or half-blood)

All of the estate is held in trust as follows:

As to half:

- In equal shares for the maternal grandparents, but if the intestate leaves only one such grandparent, for that grandparent; or

- If the intestate leaves no maternal grandparent, then on the statutory trusts for the maternal uncles and aunts; or

- If no maternal grandparent or maternal uncle or aunt takes an absolutely vested interest under those trusts, then on the trusts on which the other half of the estate must be held

As to the other half:

- On equal shares for the paternal grandparents, but if the intestate leaves only one such grandparent, for that grandparent; or

- If the intestate leaves no paternal grandparent, then on the statutory trusts for the paternal uncles and aunts; or

- If no paternal grandparent or paternal uncle or aunt takes an absolutely vested interest under those trusts, then on the trusts on which the first half of the estate must be held

8. No one who takes an absolute interest under items 1 to 7

All of the estate belongs to the Crown as bona vacantia, and the Crown may (without prejudice to any other powers), out of all or any part of the estate, provide for—

- Dependants (whether kindred or not) of the intestate; and

- Other persons for whom the intestate might reasonably have been expected to make provision.

Succession of Real and Personal Estate on Intestacy

Person or People intestate leaves

How estate to be distributed

1. Husband, wife, civil union partner, or surviving de facto partner, but no issue and no parents

Personal chattels (as defined in section 2(1)):

- The husband, wife, civil union partner, or surviving de facto partner takes these absolutely, except that any that are subject to a hire purchase agreement, are taken subject to the vendor’s rights under that agreement

Residue of the estate:

- This stands charged with the payment to the husband, wife, civil union partner, or surviving de facto partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39) on that amount from the date of the death until that amount is paid or appropriated

- Anything that remains of the residue is held in trust for the husband, wife, civil union partner, or surviving de facto partner absolutely

2. Husband, wife, civil union partner, or surviving de facto partner, and issue

Personal chattels (as defined in section 2(1)):

- The husband, wife, civil union partner, or surviving de facto partner takes these absolutely, except that any that are subject to a hire purchase agreement, are taken subject to the vendor’s rights under that agreement

Residue of the estate:

- This stands charged with the payment to the husband, wife, civil union partner, or surviving de facto partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39) on that amount from the date of the death until that amount is paid or appropriated

- Anything that remains of the residue is held in trust as follows:

- A third for the husband, wife, civil union partner, or surviving de facto partner absolutely; and

- Two-thirds on the statutory trusts for the issue of the intestate

3. Husband, wife, civil union partner, or surviving de facto partner, no issue, but one or both parents

Personal chattels:

- The husband, wife, civil union partner, or surviving de facto partner takes these absolutely, except that any that are subject to a hire purchase agreement, are taken subject to the vendor’s rights under that agreement

Residue of the estate:

- This stands charged with the payment to the husband, wife, civil union partner, or surviving de facto partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39) on that amount from the date of the death until that amount is paid or appropriated

- anything that remains of the residue is held in trust as follows:

- two-thirds for the husband, wife, civil union partner, or surviving de facto partner absolutely; and

a third for the father and mother in equal shares absolutely or, if the intestate leaves only one parent, for that parent absolutely

4. Issue but no husband, wife, civil union partner, or surviving de facto partner

All of the estate is held on the statutory trusts for the issue of the intestate

5. No husband, wife, civil union partner, or surviving de facto partner, and no issue, but one or both parents

All of the estate is held in trust in equal shares for the parents, but if the intestate leaves only one parent, for that parent

6. No husband, wife, civil union partner, or surviving de facto partner, no issue, and no parents, but 1 or more brothers or sisters (whether of full or half-blood)

All of the estate is held on the statutory trusts for the 1 or more brothers or sisters

7. No one who takes an absolutely vested interest under the trusts referred to in items 1 to 6, but one or both maternal or paternal grandparents, or 1 or more maternal or paternal uncles or aunts (whether of full or half-blood)

All of the estate is held in trust as follows:

As to half:

- In equal shares for the maternal grandparents, but if the intestate leaves only one such grandparent, for that grandparent; or

- If the intestate leaves no maternal grandparent, then on the statutory trusts for the maternal uncles and aunts; or

- If no maternal grandparent or maternal uncle or aunt takes an absolutely vested interest under those trusts, then on the trusts on which the other half of the estate must be held

As to the other half:

- On equal shares for the paternal grandparents, but if the intestate leaves only one such grandparent, for that grandparent; or

- If the intestate leaves no paternal grandparent, then on the statutory trusts for the paternal uncles and aunts; or

- If no paternal grandparent or paternal uncle or aunt takes an absolutely vested interest under those trusts, then on the trusts on which the first half of the estate must be held

8. No one who takes an absolute interest under items 1 to 7

All of the estate belongs to the Crown as bona vacantia, and the Crown may (without prejudice to any other powers), out of all or any part of the estate, provide for—

- Dependants (whether kindred or not) of the intestate; and

- Other persons for whom the intestate might reasonably have been expected to make provision.