What Happens If You Die Without a Will?

‍Most of us know we should have a will – but it’s one of those things that often gets pushed to the bottom of the ‘to-do’ list.
The problem is, when someone dies without a valid will (known legally as dying intestate), the legal and emotional toll on loved ones can be significant.

So, what really happens when there’s no will?

In New Zealand, if you die without a will, your assets don’t automatically go to your spouse or partner. Instead, your estate is distributed according to the Administration Act 1969, which outlines a fixed formula based on your surviving relatives.

For example, if you have a spouse and children, your spouse is entitled to the first $155,000 of your estate, plus personal possessions, and one-third of the remainder. The remaining two-thirds go to your children. If you don’t have children but have living parents, they may be entitled to a share. That might not reflect what you would’ve wanted — and it can lead to surprise, disappointment, or even conflict among loved ones.

Common consequences of dying without a will:

• Delays and legal hurdles: Without a named executor, someone must apply to the High Court for administration rights – a process that can take time and comes at a cost.
• Increased stress for family: Grieving loved ones are left to deal with paperwork, legal obligations, and the uncertainty of who gets what.
• Unintended beneficiaries: Under intestacy rules, your assets may pass to people you didn’t intend to benefit, while those closest to you (like stepchildren, close friends, or unmarried partners) might receive nothing at all.
• Missed opportunities for protection: You lose the chance to name guardians for your children, set up trusts for vulnerable family members, or make specific gifts.

Why having a will matters

A will gives you control over:

• how your assets are distributed
• who looks after your children (if they’re under 18)
• who manages your estate (your executor)
• any funeral or burial wishes
• gifts to charities or meaningful causes

It’s also an opportunity to leave messages and instructions – giving clarity and peace of mind to those you care about most.

When should I make or update my will?

Life events like marriage, divorce, buying property, starting a family, or losing a loved one are all good times to review or update your will. Even if your circumstances haven’t changed recently, it’s worth reviewing your will every few years to ensure it still reflects your wishes.

Wills Month (September) is a great time to take that important first step. Whether you’re creating a will for the first time or reviewing an existing one, we can guide you through the process in a straightforward, supportive way.