Dying Without a Will: What Intestacy Actually Means in NZ
8 November 2026

What is intestacy?

When you die without a will, or without a valid will, it is called dying ‘intestate’. This means you don’t have any say over who gets to handle your estate or how your property gets divided. Instead, the Administration Act 1969 applies a fixed formula of who gets what depending on who survives you.

 

Who manages the estate?

Since there is no will, or no valid will naming someone as an executor to manage and administer the wishes of the deceased, an application has to be made to the High Court to appoint an administrator of the estate. This is called applying for letters of administration. People with a beneficial interest in the estate have the right to apply, and the High Court Rules 2016 set out who can apply first. 

If someone has a higher interest than the person applying, or a similar interest, they must provide consent for the person to apply to administer the estate. Before the application to the court can be made, your family must show that they have made a genuine attempt at locating a will that may have been made, as well as making inquiries into any other children of the deceased through the Department of Internal Affairs. These are additional steps that are not needed if there is a will. 

 

Who inherits?

The Administration Act also sets out who gets what from your estate when you die:

1. If you have a spouse (including civil union and de facto partners) and children, you might think that your spouse will inherit everything, but this might not be the case. Your partner receives your personal belongings, a prescribed amount (the current amount is $155,000.00), and 1/3 of what remains; your children then share the other 2/3. 

2. If you have a spouse and no children but parents, then your partner gets your personal belongings, a prescribed amount (the current amount is $155,000.00), and 2/3 of what remains; your parents get the other 1/3. 

If you have a partner but no children or parents, your partner receives everything. If you have no partner, your estate passes in a set order firstly to your children, then parents, then siblings, then grandparents, then aunts and uncles. Each group only inherits under your estate if there is no one in the group before it, and the estate goes to the Crown if there are no relatives that qualify. 



Where the law falls short

This can be a difficult result for a lot of families, especially for the surviving spouse who might need to manage the home, which is usually the largest asset, and they may be left in a position where this needs to be sold. The formula doesn’t know your situation and in many cases it won’t leave everything to your spouse, nor can it provide for a stepchild you have raised. It also means that people you would not choose to inherit do. 

One particularly hard situation for the intestacy rules to handle is modern families, which are frequently blended families, or families with separated but not legally divorced spouses who are still able to inherit under the law. Stepchildren who are not legally adopted have no right to receive anything under their stepparent’s estate, which is often not what people wish to happen. 

 

How to avoid it

The easiest way to ensure that you get to decide what happens when you die is to make a will. It lets you choose who administers your estate and who inherits. The best option is to contact Willis Legal to discuss your wishes and we can walk you through how to make sure those wishes are achieved. 


Written by: Regan Boston

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"Custody" isn't actually a legal word in NZ anymore - here's what we say instead

20 September 2026
He taonga to mokopuna, kia whāngaia, kia tipu, kia rea - a child is a treasure, to be nurtured, to grow, to flourish. A common thing we hear from clients is "I want custody of my children." While most people understand what "custody" means, the reality is that custody is no longer a legal term used in New Zealand family law. In fact, the term was removed from our legislation more than 20 years ago. So, what changed? The Care of Children Act 2004 replaced the old concepts of "custody" and "access" with language that focuses more directly on children's needs and parental responsibilities. Instead of talking about custody, the Family Court now talks about: Day-to-day care (who the child lives with and who looks after them on a daily basis); and Contact (the time a child spends with a parent or other important person when they are not in that person's care). The change was intentional. The law moved away from language that can sound like a child is something to be "owned" or "won" by one parent. What does "day-to-day care" mean? Day-to-day care refers to the practical care of a child, including: Where the child lives; Their daily routine; School attendance; Meals, bedtime, and general supervision; and The everyday decisions involved in raising them. A parent can have: Sole day-to-day care; or Shared day-to-day care arrangements. There is no legal presumption that one parent should have day-to-day care over the other. The Court's focus is always on what is in the child's welfare and best interests. What about "contact"? What many people previously called "access" is now referred to as contact . Contact can take many forms, including: Weekend visits; School holiday time; Telephone calls; Video calls; Supervised contact; or Other arrangements that allow a child to maintain a relationship with an important person. The Court recognises that children generally benefit from having ongoing relationships with both parents, provided doing so is safe and in their best interests. Does this mean I can't say "custody"? Not at all. Many people still use terms like "custody," "shared custody," and "access" in everyday conversation, and most lawyers will understand exactly what you mean. However, if you're involved in Family Court proceedings, you'll hear terms such as: Day-to-day care Contact Guardianship Parenting orders These are the legal concepts that will appear in Court documents and orders. Why does the language matter? The shift away from "custody" reflects a broader change in how New Zealand family law views parenting after separation. Rather than focusing on which parent "gets" the child, the law focuses on: The child's welfare and best interests; Maintaining important relationships; Encouraging parents to work together where possible; and Ensuring children are protected from harm. Ultimately, Family Court decisions are not about determining a "winner" and a "loser." They are about creating arrangements that best support the child's wellbeing. As family lawyers , we offer advice, guidance and representation in family law matters, if you would like assistance or to talk to someone, contact us today. Written by: Eva Leutele
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