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One of us has died
The first days are hard enough — a Will means less to figure out.
One partner has died — suddenly, or after a long illness, it doesn't matter which. You're grieving, and you're also the person everyone is looking to for what happens next: the bank, the funeral director, sometimes the kids' school. It helps enormously to already know whether there's a Will.
Without a clear Will
- If your partner died without a Will, you don't automatically inherit everything — the Administration Act 1969 sets a fixed formula that also gives a share to children (and sometimes parents).
- Someone (usually you) must apply to the High Court for 'Letters of Administration' before you can access accounts in your partner's sole name — this typically takes weeks, not days.
- You may need to work out, sometimes for the first time, exactly what your partner owned and how it was owned — jointly, or in their name alone.
- Decisions about funeral arrangements, young children's care, or the family home can be delayed by uncertainty about who has the legal authority to make them.
With a Will
- If your partner had a Will, their named executor can apply for probate straight away and start acting on clear instructions.
- Assets held as joint tenants (a joint account, or a home owned jointly) still pass to you automatically by survivorship — a Will doesn't change that, but it clarifies everything else.
- You know exactly what you inherit, what's set aside for the children, and who's named to help you.
- Any funeral wishes or a letter of wishes your partner left means fewer decisions to make from scratch while grieving.
Practical guidance for NZ
- First practical steps: register the death (often done by the funeral director), locate the Will (check with their lawyer, Public Trust, or safe/deposit box), and notify banks, IRD, and StudyLink/WINZ.
- Check how major assets were owned — 'joint tenants' pass to you automatically; 'tenants in common' pass through the estate and the Will (or intestacy).
- KiwiSaver death benefits and life insurance are usually paid based on a nominated beneficiary or the estate — contact the provider directly.
- Work and Income NZ offers a Bereavement Payment and other support — it's worth checking if you're eligible.
Worth getting advice on
If there's no Will, if you're unsure how assets were owned, or if the estate includes a business or blended family, a lawyer or the Public Trust can guide you through applying for probate or administration.
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