Under New Zealand law, if a 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.)
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.
[Read more…] about If there’s no will, no lawyer ‘acts for the estate’ until letters of administration are granted‘My son died suddenly. Can his Kiwisaver go to his children?’
I am so sorry.
There are too many of these cases.
They are usually males. They drive too fast, or do something stupid, or are in the wrong place at the wrong time, or deliberately end their lives.
Usually they don’t leave a will.
[Read more…] about ‘My son died suddenly. Can his Kiwisaver go to his children?’What if the deceased’s debts outweigh their assets? They are broke? bust? bankrupt? insolvent?
Insolvent? bankrup? broke? bust? skint?
It’s no thrill when you have to deal with an estate and there’s barely enough money to pay for the funeral, let alone anyone else,
Yet there may still need to be a formal administrator because there may be land, or assets above $15,000, that have to be sold to pay debts.
[Read more…] about What if the deceased’s debts outweigh their assets? They are broke? bust? bankrupt? insolvent?
