What happens when you die without a will?

Dying without a will is also known as dying intestate. There are often misconceptions surrounding what happens when this occurs, and in many cases the estate is not distributed as the deceased would have expected or wanted. As a starting point, if you die without a will and are survived by:

Your spouse/civil union/de facto partner but no children or parents, then your spouse/partner receives the entire estate.

Your spouse/partner and children, then your spouse/partner receives all your personal effects (such as clothes, furniture, etc), a cash sum of $155,000 (with interest from time of death) and a third of anything remaining. The other two thirds will be held on trust for your children, to be divided equally between them if more than one. With blended families the situation is more complex and depends on several factors including the age, relationship and financial dependency of the children.

Your spouse/partner, one or more parents, but no children, then your spouse/partner receives all your personal effects, the cash sum of $155,000 (with interest from time of death) and two thirds of anything remaining. Your parent(s) will receive the last third, divided equally between them

Only your children, then your estate will be held on trust for your children, to be divided equally between them if more than one survives you

Your parent(s), but no spouse/partner or children, then your parent(s) will receive your estate, divided equally amongst them.

There are a few exceptions to the examples above, including the size of the estate, the impact of Relationship Property law and the particular needs and circumstances of the family and whether there are any claims against your estate.

If a next of kin cannot be found, your estate will be given to the New Zealand Government.

How we can help:

Losing a loved one is difficult and working through the administration of an estate can be costly and time-consuming but it helps if you have left behind a valid will.

Simpson Western can help with estate planning and preparation of your will. Contact us on 09 421 0559 or at silverdale@simpsonwestern.co.nz if you would like assistance with this.

Morgan Sharp | Solicitor, Simpson Western

Note: This article is published for general information purposes and should not be relied upon as legal advice. For advice specific to your legal issues, please engage a lawyer directly.

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