Find FAQs related to last will and testaments. This is the place to learn more about wills, trusts, estate planning, holographic wills, living wills, inheritance, and other legal matters
A Will or Last Testament is a legal document in which you state who should inherit or receive your property, direct how to pay any outstanding debts and taxes, make bequests and gifts, and name a guardian for your minor children in case one is ever needed.
where there is no will, estates are deemed ‘intestate’ and the law will step in to determine who is entitled to the estate, or their share of it
In New Zealand, estates of any size are managed in accordance with the terms of the deceased’s will. However, where there is no will, estates are deemed ‘intestate’ and the law will step in to determine who is entitled to the estate, or their share of it. This also applies in cases where the property owner attempted to make a will, but it wasn’t completed properly. Who is entitled to benefit is laid out in section 77 of the Administration Act 1969 which states:
* Where there is no spouse/partner, no parents, no children/descendants but there are siblings, the whole estate will be divided equally amongst these siblings, or their children if they have passed away.
If the beneficiary is under age, currently 20 years old, then unless you have stated otherwise in your Will, their inheritance will normally be put in Trust until they do come of age.