If you die without a Will, the law decides who inherits your estate – and it might not be who you would choose.
In New Zealand, dying without a valid Will is called dying intestate. Instead of your wishes guiding what happens to your home, savings and other assets, the Administration Act 1969 determines who receives what.
What happens if you die without a Will?
Strictly speaking, the shares described above apply to the “residuary estate”, which is what remains after paying the estate’s debts and expenses, rather than the total value of everything you own.
These rules become more complicated for blended families, where there are children from previous relationships, or where someone is in a de facto relationship. The legal outcome may not reflect the relationships that matter most to you.
Other consequences of dying without a Will
Without a Will, there is no executor for your estate – that’s the person you choose to administer your estate on your behalf, and who will apply for Probate of the Will if required (i.e. the authority to administer the estate). Even an ordinary estate usually needs this formal Court step before assets can be managed or distributed.
Without a nominated executor, someone must instead apply to the Court for letters of administration, so that an administrator can be appointed to take on that role. This adds an extra layer of uncertainty – over who will come forward, whether the Court will agree, and who will ultimately be appointed – as well as extra time, cost and stress for your family – particularly where there are multiple beneficiaries and/or creditors of the estate.
If you have children under 18 years, dying without a Will also means you miss the chance to appoint a testamentary guardian. A testamentary guardian appointed in your Will legally becomes a guardian of your children, with the right (and responsibility) to be involved in major decisions affecting your children, including who has day-to-day care of your children, where they live, go to school and what medical treatment they receive.
A Will is about much more than deciding who gets what – it helps ensure your wishes, not just the default rules, shape what happens after you are gone.
How can we help?
Our experienced and friendly life planning team will be happy to assist you to update your Will, or create a new Will.
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