A Will stands as a crucial document, yet discussing death remains uncomfortable for many. When someone passes without a Will, they are deemed “intestate,” posing financial and emotional strains on grieving loved ones.

For estates under $15,000, family members or next of kin can manage affairs. However, larger estates necessitate Court involvement.

The Process:

Intestacy triggers a legal process where family members can’t access the deceased’s estate without Court approval. Often, the Court appoints an administrator, possibly not the individual you would prefer. Applying for administration can be arduous, particularly amid family disputes.

Estate Distribution:

Without a Will, the Court follows set rules, potentially neglecting your loved ones’ needs. Distribution occurs based on the Administration Act 1969 or Intestacy Rules, prioritizing beneficiaries:

1. Spouse, civil union partner, or de facto partner.
2. Children.
3. Deceased’s parents.
4. Siblings.
5. Grandparents, aunts, uncles.
6. New Zealand Government.

Examples of Distribution:

– Spouse/partner receives personal possessions and a set amount plus a portion of the estate, with the rest going to children.

– Children inherit if no spouse/partner.

– Parents inherit if no spouse/partner or children.

– Siblings inherit if no spouse/partner, children, or parents.

– Government inherits if no eligible heirs.

Dying intestate is complex, costly, and time-consuming compared to having a Will. Protect your loved ones from stress, expense, and delays by creating your Will today.