Dying without a will in New Zealand can cause unnecessary stress and legal delays. Core Legal Masterton & Wellington explain why having a will matters and how to get started.

What Happens If You Die Without a Will? Avoid Intestacy with Core Legal Masterton & Wellington

At Core Legal Masterton and Wellington, we know making a will is something many people mean to do—but often delay. Unfortunately, when someone dies without a valid will (known as dying intestate), it creates unnecessary stress and legal complications for the family left behind.

No Will? Here’s What Happens

In New Zealand, if you pass away without a will, your estate is handled under the Administration Act 1969. This law sets out a formula for dividing your assets, which may not reflect your personal wishes.

For example:

• If you have a spouse and children, your spouse gets $155,000, personal belongings, and one-third of the remainder.

• The remaining two-thirds are divided among your children.

• If you have no children but living parents, they may be entitled to part of your estate.

This can result in unintended beneficiaries receiving a share, while others—like stepchildren, close friends, or de facto partners—might miss out entirely.

The Consequences of Dying Intestate

• Legal delays: Without a named executor, someone must apply to the High Court for administration rights. This can be time-consuming and costly.

• Family stress: Grieving relatives face added pressure navigating legal and financial decisions.

• Potential disputes: Disagreements between family members are more likely when no clear instructions are left.

• No guardianship plan: You lose the opportunity to name a guardian for your children or set up protective trusts.

Why You Need a Will

A will gives you control over:

• How your assets are divided

• Who cares for your minor children

• Who manages your estate (executor)

• Any funeral wishes or charitable gifts

It also allows you to leave personal messages, set up trusts, or include specific bequests for sentimental or practical reasons.

When to Make or Update a Will

Major life events like marriage, divorce, buying a home, having children, or losing a loved one should prompt you to create or review your will. Even without recent changes, reviewing your will every 3 to 5 years is good practice.

Wills Month is the Perfect Time to Act

September is Wills Month, and there’s no better time to get your affairs in order. At Core Legal, our experienced lawyers in Masterton and Wellington can help you draft or update your will with care, clarity, and cost-effective pricing.

Book a fixed-fee consultation today and give your loved ones peace of mind.