So, what happens when someone dies without a will?

So, what happens when someone dies without a will?
Well, it’s quite a concern early on for some people. They want to know who’s allowed to make those decisions and what the instructions are from the will. Very simply, if there is a will, that’s great.

You can still administrate the estate, even if there is a will, if the estate is under $40,000. There’s a thing called the Administration Act in New Zealand, and it lays out who the next of kin is, who can make those decisions. And you’re welcome to go and have a look at that, but it’s very simple.

It’s the spouse or the legal partner of the deceased. And the understanding of a legal partner is that they have to have been together and can prove that for more than two years. If that’s not the case, then it’s the adult children.

And if there are no adult children, then it’s the parents of the deceased. Now, it gets really complicated sometimes when siblings or nieces and nephews or aunties and uncles chip in as well. The legal order does go further, but if you stick to the understanding of that simple process of spouse, adult children or parents, you can’t go wrong.

Now, when there is no will and the estate is larger than $40,000, it does get quite complicated. And it’s best to talk to a lawyer at that point to get their understanding. But a lawyer does need to, or public trust or a legal company, needs to administrate the estate as the Act points out if it’s more than $40,000.

So there are other complications that click in. Who is the executor, for instance, in the will? If there is a will, they are the person in charge. And we’ll talk a little bit more about that in a moment.

But if you want to know more about this, click on the next video or click our link in the bio.