When There Is No Will – Who Really Gets Your Stuff?
Imagine this: You’ve spent a lifetime working hard, building a home, nurturing relationships, and collecting meaningful possessions. But then, unexpectedly, you’re gone, and you haven’t left a Will.
What happens next?
In New Zealand, dying without a Will is known as dying intestate. When this happens, your estate isn’t distributed according to your wishes, because they were never legally recorded. Instead, the Administration Act 1969 steps in with a predetermined formula to divide your assets. And spoiler alert: the outcome may not reflect what you would have wanted.
What Happens If You Die Without a Will?
Let’s break down how your estate might be distributed under New Zealand law if you die intestate:
Spouse (But No Children or Living Parents)
Your spouse inherits everything.
Simple. In the absence of children or surviving parents, the entire estate passes to your spouse.
Spouse + Children (No Living Parents)
Spouse receives:
All personal chattels (e.g., household items, jewellery, furniture)
$155,000 (plus interest)
One-third of the remaining estate
Children receive:
Two-thirds of the remainder, divided equally
If a child has already passed away, their children (your grandchildren) inherit their share.
Spouse + Surviving Parents (No Children)
Spouse receives:
All personal chattels
$155,000 (plus interest)
Two-thirds of the remaining estate
Parents receive:
One-third of the remaining estate
Children Only (No Spouse, No Parents)
Children inherit the entire estate, divided equally.
If any child is deceased, their children (your grandchildren) inherit their parent’s share.
No Spouse, No Children, No Parents… No Relatives
If no legal relatives can be identified, everything goes to the state.
Why a Will Matters Now More Than Ever
Let’s be honest: letting the government decide who gets your hard-earned assets doesn’t sit right. A Will gives you control. Whether you want your estate to go to your partner, children, a charity, or even a beloved friend, you get to make that choice.
Creating a Will is one of the most important legal steps you can take to:
Protect your loved ones
Avoid unnecessary stress and legal disputes
Help make sure your wishes are honoured
Don’t Leave It to Chance
If you don’t yet have a Will, now is the time. It’s not just a legal document, it’s a final gift to those you care about.
Your legacy deserves a voice. Let that voice be yours.
You can do your Will online, within an average 15 minutes with Footprint. Contact us if you have any questions.
