Under New Zealand law, if an unmarried de facto partner dies without leaving a valid will, their surviving partner inherits their ‘personal chattels’ and the first $155,000 of what else they left. (Children and parents get a share of anything above $155,000. If the de facto partner was also still married to someone else, the surviving spouse and the surviving de facto partner share that $155,000 plus the over-$155,000 entitlement.)
Are you still the ‘surviving partner’ if you were living apart?
If there’s no will, no lawyer ‘acts for the estate’ until letters of administration are granted
Banks and law firms create unnecessary issues and confusion by insisting that a lawyer can act for an intestate estate (where there is no will) before letters of administration are granted. This is wrong in law and wrong in practice.
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