What Happens If You Die Without a Will in New Zealand

Most of us don’t like to think about dying — and even fewer think about dying without a Will. But it happens more often than you’d expect. It is said that only 50% of New Zealanders have a Will and of those who do, it is unknown how many of those Wills are out of date.

When there’s no valid Will, or a valid Will is missing important information, the law steps in to decide who gets what or who can be appointed to legally administer the estate. That process exists to create fairness, but in reality, it rarely reflects what people would have wanted.

What It Means to Die “Intestate”

If you die without a Will, you’re said to have died intestate. Your estate — everything you own in your own name — is then divided according to a legal formula in the Administration Act 1969.

That formula sets out exactly who inherits, in what order, and in what proportions. It doesn’t look at your personal circumstances, promises you may have made, or how close you actually were to each person — it simply follows the list.

How the Law Divides an Estate

Here’s how the rules work when there’s no Will:

  • If you have a spouse or partner but no children or parents
    Your spouse or partner receives everything.

  • If you have a spouse or partner and children
    Your spouse or partner receives:

    • All your personal belongings

    • The first $155,000 (this figure is expected to be reviewed under the revie of the law of succession)

    • One-third of anything left over
      Your children share the remaining two-thirds equally.

  • If you have a spouse or partner and living parents but no children
    Your spouse or partner receives:

    • All personal belongings

    • The first $155,000

    • Two-thirds of what’s left
      Your parents receive the other one-third.

  • If you have no spouse, partner, or children
    Your estate passes to your parents. If they’re not alive, it goes to siblings, then to wider relatives in order of relationship. If no relatives can be found, everything eventually passes to the Crown (the government).

Why the Legal Default Doesn’t Always Work

On paper, that might look straightforward — but most families aren’t that tidy.

You may want one child to receive more (or less) depending on their circumstances. You might have a blended family, with step-children you care for deeply — yet the law doesn’t recognise them unless you name them in a Will. You may own a business, be involved in a trust, or have loans or advances that need to be handled carefully. Or you may wish to leave something to a friend, sibling, or charity — none of which can happen without a Will.

Even the practical side becomes harder. Without a Will or if your Will doesn't name an executor, your family has to apply to the High Court for letters of administration. It’s a formal process that takes additional time, adds costs, and creates stress (that could be avoided) at a difficult time.

The Impact on Your Family

Until Letters of Administration are granted:

  • Bank accounts are frozen.

  • Property sales are delayed.

  • Legal and court costs can quickly eat into the estate before anyone receives anything.

Without a Will, even simple estates can become complicated. A clear Will avoids unnecessary steps, costs, and uncertainty for those who have to manage what’s left behind.

What a Will Actually Achieves

Having a current Will gives you the authority to decide what happens to your assets. It allows you to:

  • Choose who will manage your estate (your executors)

  • Decide who will receive what — including specific gifts or personal items

  • Appoint guardians for children under 18

  • Provide for partners, step-children, or dependants who might otherwise miss out (or make sure that spouses that you've separated from but not yet divorced, won't inherit)

  • Record directions about trusts, debts, or charitable gifts

In short, it replaces the legal formula with your own directions.

(Related reading: Simple vs Complex Wills – Why the Details Matter)

The $40,000 Threshold Change

From 24 September 2025, the amount that can be dealt with without formal probate or letters of administration increases from $15,000 to $40,000.

While that’s helpful for smaller estates, it doesn’t remove the need for a Will. If your assets exceed $40,000, your family will still need formal authority before anything can be distributed.

The Bottom Line

A Will is your record of intention — a way to make sure decisions about your estate are made as you intended, not left to default rules.

Without one, the law decides.
With one, you do.

Taking the time to make or update your Will is one of the simplest ways to protect the people you care about.  The wording of each clause — and the things left unsaid — determine what actually happens later. Working with someone who understands how a Will operates in practice helps ensure what’s written achieves what you intend, and doesn’t leave loose ends for others to sort out.

Posted 9 days ago