The legal framework
New Zealand combines testamentary freedom with three powerful statutory claims. The Family Protection Act 1955 lets a spouse, partner, child or grandchild apply where the deceased failed in a moral duty to provide. The Property (Relationships) Act 1976 requires the surviving partner to choose between option A, an equal division of relationship property, and option B, taking under the will. The Law Reform (Testamentary Promises) Act 1949 allows a claim where services were rendered on a promise of a legacy. There is no estate duty.
The single most useful action in New Zealand is to check the beneficiary designations attached to pensions, retirement savings and life insurance. They pass outside the will, they override it, and they are almost never updated after a separation or a remarriage.
Intestacy is not a neutral default. It distributes according to a statutory formula that rarely matches what a couple would have chosen, and it makes no provision at all for step-children, unmarried partners in some jurisdictions, or a business that needs to keep trading.
Cross-border assets complicate everything. A holiday home or an account abroad usually requires a separate procedure in that country, and the two systems may disagree about which law applies. Taking advice before buying abroad is far cheaper than resolving it afterwards.
Key points
| Statutes | Wills Act 2007; Family Protection Act 1955; Property (Relationships) Act 1976 |
|---|---|
| Family protection | Claims by spouse, partner, child or grandchild |
| Option A or B | The surviving partner elects between relationship property and the will |
| Testamentary promises | Claim where services were given on a promise of a legacy |
| Estate duty | Abolished |
| De facto partners | Treated as partners after three years |
In practice
- Locate the will and apply for the grant, letters of administration or local equivalent.
- Value the estate, including assets that pass outside it by nomination or survivorship.
- Advertise for creditors where the law requires it, and settle debts before distributing.
- File the tax returns that death triggers, and obtain any clearance required.
- Distribute only after the claim period has expired, and keep a signed distribution account.
Cost and coverage
Court fees are modest; professional costs are not, and in a contested estate they routinely exceed what is in dispute. Where an inheritance or estate tax exists, the exemptions matter more than the headline rate. Assets passing outside the estate — pensions, insurance, joint accounts — are usually the largest items and the least reviewed.
Recent changes
The Law Commission has recommended replacing the three overlapping claims statutes with a single succession act, a reform still awaited.
Where to go
- Probate court or registry with jurisdiction over the estate
- Revenue authority, for the returns and clearances that death triggers
- Law society or bar association referral service
- Banks, insurers and pension administrators, for assets passing outside the estate
- Civil registry, for the death certificate and proofs of relationship
Worth knowing
The election between option A and option B must be made within six months of administration being granted; missing it means taking under the will by default.
Frequently asked questions
Who inherits if there is no will?
The statutory order: surviving spouse or partner and children first, then other relatives in the sequence set by the legislation.
Do pensions and life insurance form part of the estate?
Usually not. They pass to the person named on the nomination form, which overrides the will.
How long does administration take?
Commonly six to eighteen months for an uncontested estate, considerably longer where there is a dispute or assets abroad.
Can a will be challenged?
Yes, on capacity, undue influence or formality, and in most of these jurisdictions by a dependant seeking provision. Time limits are short and strictly applied.
Official sources and links
- govt.nz — official government information
- New Zealand Legislation — acts and regulations