The legal setting
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.
Start with the beneficiary forms: in New Zealand those attached to pensions, retirement accounts and life insurance override the will and sit outside the estate, and they are rarely brought up to date following a separation or remarriage.
The rules on intestacy are no harmless fallback: they apply a set formula that seldom matches the couple's wishes and say nothing for step-children, for unmarried partners in some jurisdictions, or for a business that must keep trading.
Owning something abroad complicates an estate. A holiday property or foreign account will normally need a local procedure of its own, and the two countries may disagree over the governing law. Taking advice before the purchase is far cheaper than repairing matters later.
Key facts
| 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 |
How it works in practice
- Look for the will, then petition for the grant or for letters of administration, or the local equivalent.
- Calculate the estate's value, adding assets that move outside it by nomination or survivorship.
- Where the law demands it, give notice to creditors, and pay the debts before any distribution.
- Death triggers tax returns: file them and obtain whatever clearance is required.
- Share out the estate only once claims can no longer be made, and retain a signed account of it.
Money matters
Court fees are small, whereas lawyers' fees can be large, and in a contested estate they often outstrip the amount in dispute. If an inheritance or estate tax applies, the exemptions weigh more heavily than the rate. The biggest assets (pensions, insurance, joint accounts) normally pass outside the estate and are the least checked.
Changes in recent years
The Law Commission has recommended replacing the three overlapping claims statutes with a single succession act, a reform still awaited.
Who to contact
- Probate registry that is competent for the deceased's estate
- Revenue service, where the death-related returns are filed
- A lawyer referral service run by the law society or bar association
- For assets outside the estate: banks, insurers and pension providers
- Registry of civil status: death certificate and evidence of kinship
Important detail
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.
Questions parents ask
Who inherits if there is no will?
Statute sets the order: spouse or partner and children take first, and other relatives follow in the sequence the law prescribes.
Do pensions and life insurance form part of the estate?
Generally they are separate from it: the nominated beneficiary receives them and the will does not change that.
How long does administration take?
Expect roughly six to eighteen months if there is no dispute, and much longer if there is one or if property lies abroad.
Can a will be challenged?
Yes: on grounds of capacity, undue influence or formal defects, and in most such jurisdictions by a dependant seeking provision. Deadlines are short and strictly enforced.
Where this comes from
- govt.nz — official government information
- New Zealand Legislation — acts and regulations