What happens if you die without a will in New Zealand

Dying without a will is known as dying intestate. When it happens in New Zealand, you don't get to decide who receives what — Parliament decides for you. Your estate is divided under a fixed legal formula in the Administration Act 1969, and the result is often not what you, or your family, would have chosen.

This guide explains who inherits when there's no will, how the process works, and the simple steps you can take to stay in control.

What "intestate" means

You die intestate if you leave no valid will at all. You die partially intestate if you leave a will that doesn't deal with everything you own. In both cases, the part of your estate that isn't covered by a valid will is distributed under the intestacy rules.

A will only works if it's valid. Under the Wills Act 2007, a will must be in writing, signed by you, and witnessed by two people who are present at the same time and who aren't beneficiaries. A homemade note, an unsigned draft, or a will that can't be found can all leave an estate wholly or partly intestate.

Who inherits if you die without a will

The Administration Act sets a strict order. Who receives your estate depends on which relatives survive you. The amounts below reflect the rules as they currently stand.

If you have a partner but no children

Your surviving partner (married, in a civil union, or a qualifying de facto partner) receives your personal belongings, a set cash sum (the "prescribed amount", set by regulation), and everything that's left.

If you have a partner and children

Your partner receives your personal belongings and the prescribed cash sum. The rest of the estate is then split: one-third to your partner, and two-thirds shared equally among your children. If a child has died before you but left children of their own, that child's share passes down to them.

If you have children but no partner

Your children share the entire estate equally, with a deceased child's share passing to their own children.

If you have no partner and no children

The estate passes up and along your family tree, in this order: your parents; then your brothers and sisters; then grandparents; then aunts and uncles. The first group with a surviving member takes everything.

If you have no surviving relatives

If no one in the legal order survives you, your estate passes to the Crown (bona vacantia).

Important: "partner" has specific legal meaning, and de facto partners must usually meet criteria (such as living together for at least three years) to inherit on intestacy. Blended families, estranged relatives, stepchildren, and close friends can all be left with nothing under these rules — even when that's clearly not what you would have wanted.

How an intestate estate is administered

With no will, there's no executor. Instead, a close relative must apply to the High Court for letters of administration — the equivalent of probate — before they can deal with the estate. This typically means:

1. Identifying and valuing everything the person owned.
2. Applying to the court to be appointed administrator.
3. Paying debts, tax, and funeral costs.
4. Distributing what remains under the intestacy formula.

This is slower, more expensive, and more stressful than administering an estate that has a clear, valid will — at exactly the time a grieving family least needs it. Our plain-English guide to probate walks through the court process.

When a will exists but can't be found

Sometimes a person did make a will, but no one can locate it after they die. Because firms merge, close, and move over the decades, a will is occasionally held somewhere the family doesn't know about. When that happens, lawyers place a public notice asking whoever holds the will to come forward.

Afterword republishes these as missing-will notices. If you think you may hold a will that's being sought — or you're trying to trace one — that's the place to start.

How to avoid intestacy

The fix is simple: make a valid will, and keep it somewhere your family can find it.

• Write a will. You can create a free draft will on Afterword in a few minutes, in plain English.
• Sign and witness it correctly so it's valid under the Wills Act 2007 — we show you how.
• Tell someone where it is. A perfect will helps no one if it can't be found.
• Review it after big life events — a marriage, separation, new child, or house purchase. (Marriage automatically revokes an earlier will in most cases, so this one matters.)

A will is one of the kindest, simplest things you can do for the people you love. It replaces a rigid government formula with your wishes — and it spares your family the extra delay, cost, and uncertainty that intestacy brings.

This article is general information about New Zealand law, not legal advice. For advice about your own situation, talk to a lawyer.