What Happens When Someone Dies Without a Will?

Why it matters

When someone dies without a valid will, they are said to have died intestate. Their estate is then distributed under New Zealand's intestacy rules rather than according to personal instructions they may have expressed informally.

What may happen

A suitable person may need to apply for letters of administration before they can legally deal with the estate. Who inherits will depend on the deceased person's family circumstances. The result may not reflect what they would have chosen themselves.

Dying without a will can also make the process more complicated for family members, particularly where there are:

• •Blended families
• •De facto relationships
• •Children from previous relationships
• •Business interests
• •Overseas assets
• •Māori land interests
• •Disagreements about who should administer the estate