Inheritance Law NZ

Inheritance Law In New Zealand – Integrity Law 2021

Time to read 2-3 minutes.

Is my partner, husband, wife, de facto partner, or civil union partner entitled to my inheritance?

Spouses, de-facto partners or those in a civil union in New Zealand can keep their inheritance as separate property. The Property Relationships Act 1976 sets out what a person's rights are regarding inheritance or from a deceased estate. However, if you intermingle your inheritance with relationship property so much that the court or courts are unable to differentiate what is relationship property what is separate property then it is likely the inheritance will become relationship property. For example if you apply your inheritance to paying off the family home mortgage or towards renovations then if the character of the funds/property change so much, inevitably the inheritance will become relationship property.

To protect your inheritance you can keep funds or property separate. For example if you have a bank account in your sole name and you keep your inheritance money in that account this will remain your separate property. In the event of separation or death then the inheritance would be separate property.

Secondly you can contract out of the property relationships act in New Zealand and make provision for relationship property to be kept separate with a prenuptial or relationship property agreement.

Email or Telephone us now if you need legal advice  richard@integritylaw.co.nz 09 278 3860