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No will aftemaining er a death

Posted by Vanessa45 
No will aftemaining er a death
November 17, 2017 08:32PM
Has anyone navigated a death in the family where a will hasnt been left?

Mu understanding is someone becomes the administrator (court appointed?) and it all goes through a lawyer?
Another understanding is that it should be someone who is going to benefit as opposed to a family member who wouldnt?

It sounds clear cut with any remaining funds after debts have been cleared going to firstly a spouse/partner (NO) and then children (YES), then parents, siblings... ect

Any help navigating this is appreciated.

Vanessa
Re: No will aftemaining er a death
November 17, 2017 09:24PM
The following is some information from the Citizens Advice Bureau public website which may help to clarify for you:

"When someone dies without leaving a will, this is called 'intestacy'. In these situations, the Administration Act 1969 applies. Any property or assets will be distributed to surviving family members according to the rules of the Act.

The basic order of priority in terms of who will inherit the deceased's estate is as follows:
•spouse, civil union partner, or de facto partner,
•children,
•parents,
•brothers and sisters,
•grandparents,
•uncles and aunts.

The Court will appoint someone, normally a surviving relative, to distribute the estate (this is referred to as the Court having granted ‘letters of administration’) according to these rules. You or any surviving family member can apply to the High Court to be granted the letters of administration.

People have the right to challenge the distribution of an intestate estate just like they have the right to challenge the distribution of an estate under a will. Read on for more information about challenging a will." (see the link following for further info)

[www.cab.org.nz] and you will find a link to the Administration Act 1969 here as well.

Hope this helps,
Dawn.
Re: No will aftemaining er a death
November 17, 2017 10:09PM
It depends on the assets in the estate. The usual procedure is for a solicitor to prepare an application for a grant of letters of administration in favour of the deceased's next of kin, and when the application is granted the administrator can deal with the assets in accordance with the provisions set out in The Administration Act. It is essential to instruct a solicitor, and he or she will a take care of everything.

If there is no real estate other than that which was owned jointly, and no solely owned bank accounts with more than a particular balance (I would have to look up the present limit, it used to be around $15,000) then it may be possible to deal with the assets without having to get letters of administration, it would depend on the requirements of each bank or financial institution. Be aware of the difference between joint ownership and tenancy in common.

I used to do this for a living, and I do recommend that you get a solicitor to handle it. It is very demanding if you are not experienced in the field.

Feel free to ask more questions, but be aware that there are many variables and specific information is necessary.
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