If we provided guidance to you about applying for letters of administration, we will have also given you a Kiwilaw reference. It was probably in the subject line of the email we sent you, and also in the body of the email. Please find it. It will make the rest of the processing easier for us.
Next we ask for information about your deceased loved one, and their family relationships. The questions we ask are necessary - either because the High Court requires the answers, or because we need to check whether the application is on the right track.
Now we ask you about your loved one.
Please read this carefully.
Read the questions. Read the options. Choose carefully.
This part is really important. The answers need to be right. Otherwise the whole application can go off track.
You will need a copy of the separation order, for your application documents.
Hopefully you can find it among the deceased's papers.
Maybe you can get it from the deceased's ex-spouse.
Otherwise you will need to contact the local Family Court and apply for a copy.
When you have it, please send us a copy. We need to check that the names as shown on the document are the same as in the application. If there are variations, we need to ensure the wording explains this.
If there was no such agreement, then the separated spouse still has priority to inherit from the deceased and to apply for letters of administration.
Even if there was such an agreement, the separated spouse will still have priority unless that agreement contains a clause saying the parties will not make any future claim against each other, including on death.
If you cannot produce such an agreement, and if there was no court order (separation order or dissolution order), you need to work on the basis that the separated spouse has the same priority as if they were still living together in the marriage.
You will need a copy of the dissolution order, for your application documents.
New Zealand only
If you do not know the date/place of dissolution, you can start by ordering a copy of the deceased's marriage certificate from Births Deaths and Marriages. It will show the date/place of the dissolution order. Then you can apply to the Family Court.
You said you were unsure about the deceased's de facto relationship (if any).
It can be a bit complicated to work out.
It does NOT mean they had to be living together under the same roof. They could still be in a de facto relationship but living in separate places, for instance if one was in a care home.
See here for more information: https://kiwilaw.co.nz/2022/12/17/surviving-de-facto-partner/
If this information means you can now answer the question, please go back and change your answer. Otherwise, please continue, but it will have to be sorted out before things can progress much further.
The person who applies for letters of administration must usually be someone who will inherit from the person who has died. (In exceptional circumstances it can be someone else.)
It is simpler if there is one administrator rather than several, as long as they do not have a conflict of interest and are reliable and trustworthy. If more than one person has the right to apply, family dynamics may make it better to have two administrators who have to make decisions jointly. It is rare to need more than two administrators.
If there is more than one applicant for letters of administration, Kiwilaw charges an extra $100 for every additional applicant.
If more than one person has the same priority, any of those who are not applicants will need to be invited to consent to the application. However, if they do not consent, the application can still proceed. Kiwilaw charges $100 for preparing the notices/consents for 1-4 such other persons, or $200 for more than 4.
If someone is due to inherit and does not want to, they can sign a legal document to say they 'disclaim' their interest in the estate. However, they cannot decide who else should inherit instead. It will then go to whoever is next in line according to the law.
When the deceased left a surviving spouse/partner, that spouse/partner has priority to apply for letters of administration.
This applies unless (a) the spouse/partner chooses to take their entitlement under relationship property, or (b) the spouse/partner signs a disclaimer to say they do not want to inherit, or (c) there is a relationship-property agreement which bars the spouse/partner from claiming from the estate.
For a de facto relationship, the duration must have been at least 3 years.
If there is more than one surviving spouse/partner, they share the priority (and the specified level of inheritance).
The deceased's children (if any) may also apply IF the deceased left more than $155,000 in assets (not counting 'personal chattels'. That's because the children share in anything above $155,000.
If the deceased had a child who died before the deceased, that child's children (if any) inherit the child's share. (However, they do not have the same priority to be applicants for letters of administration.)
If the deceased had no children but had one or more surviving parent, the parent/s may apply IF the deceased left more than $155,000 in assets (not counting 'personal chattels'). That's because the parent/s share in anything above $155,000.
If the deceased had a surviving spouse/partner and no children and no surviving parent, the spouse/partner inherits everything (and is expected to apply for letters of administration unless there are truly exceptional circumstances why someone else should be the applicant).
Even if the maximum value of the estate is less than $155,000, you still have to provide the court with details of the deceased's children (if any).
When the deceased did not leave a surviving spouse/partner, their children (if any) have priority to apply for letters of administration.
If the deceased had a child who died before the deceased, that child's children (if any) inherit the child's share.
For each surviving child, we need their full name, place of residence, and (if over 18) their occupation.
If they are under 18, we need their date of birth.
Please show one at a time. (Use the + sign at the right of the field, to add another entry.)
You said that at least one of the deceased's children is no longer alive.
For each of the deceased's children who died BEFORE the deceased, we need their full name and date of death.
We'll also ask how many children they had.
(After we have the list of children, we'll ask about those grand-children. At that point, you'll need to give the child's name as well as the grandchild's name. You won't want to repeat the full legal name of each child for every grandchild.That's why we are asking for the 'preferred name' for each child - so you can use that (short) name when it comes to the grandchildren.)
Please show each child one at a time. (Use the + sign at the right of the field, to add another entry.)
Now, this is where we ask for details of the children of those loved one's children you have already listed - the ones who died before your loved one. This means your loved one's grandchildren, where their parent (who was your loved one's child) died before your loved one died.
Please show each such grandchild, one at a time. Start with their parent's preferred name, which you have just entered in the last question.
If that parent had more than one child, enter each child separately (which means you will be repeating the parent's 'preferred name' several time).
(Use the + sign at the right of the field, to add another entry.)
For each such child, we need their full name, date of death, and (if known) place of death.
The share of any child who died after the deceased goes to that child's estate.
Details will depend on whether they left a valid will, and - if not - whether they left a surviving spouse or partner, children, other parent, etc.
As administrator, you need to liaise with the administrator or executor of any such estate/s. Seek legal advice before you make any decisions about who exactly gets the relevant share.
It's compulsory to get a 'paternity search' (otherwise known as a Status of Children Act search) through births, Deaths and Marriages, for every name used by the deceased during their adult life.
This is to check for any paternity orders, paternity declarations, or deeds of paternity, made by a court or otherwise registered with births Deaths and Marriages. This can affect the mother of a child as well as the father of a child.
The only exception is if the estate is less than $155,000 and the application is being made by the deceased's surviving spouse or de facto partner.
However, if there is some genuine reason (supported by evidence) why you need to proceed so urgently that you cannot wait the 2-3 weeks it would take to get the paternity search, the Court can allow your application to proceed without it.
This costs $35.70 if you do it yourself. If you get Kiwilaw to do it, we charge an extra $60 (plus the $35.70 fee).
If the deceased had no spouse/partner, and no children, and no grandchildren (children of deceased children), their surviving parent/s (if any) inherit. If both parents survived the deceased, they share equally.
This means legal parents, not step-parents or foster parents.
If only one parent survived the deceased, the application must provide information about the deceased parent. We will ask about that next.
If no parent survived the deceased, the application must provide information about the deceased parents. We will ask about that next.
Please provide separate information about each deceased parent.
To add the second parent, click the + sign to the right of the field.
When you have covered both of them, click 'Next'.
You will need to provide information about the applicant (whom we will ask about shortly).
First we need information about the other surviving parent who is not going to be an applicant for letters of administration.
We'll provide a consent form for them to sign.
We'll provide a notice for you to give or send to them, along with a blank consent form that they will be asked to sign.
If they don't sign the consent form, you can still go ahead with your application. Instead of the consent form, you provide the Court with a copy of the notice and the date you gave or sent it.
Now we need information about the applicant - the person applying for letters of administration. If there is more than one applicant, we start by asking about the first applicant.
The questions ask about the '(first) applicant' - that may indeed be the only applicant, if there is only one.
You are asked for details of each part of the applicant's name - family name (surname), then first given name, then any other (middle) names.
If this is a power of attorney for someone who is still alive, they must be, either:
If it is a power of attorney for someone who has died, it is no longer valid. You cannot use it after the person has died.
If there is only one applicant, click NEXT to proceed to the next page.
Now we ask about the first-hand evidence of your loved one's death.
It may seem odd, but the death certificate is considered hearsay. It is less reliable in law than the first-hand evidence of an applicant who was present when your loved one died, or who saw their dead body, or who attended their funeral (in that order of preference).
You must tell the Court your best estimate of the maximum value of your loved one's assets when they died - that includes money, shares, land or housing, anything else of value.
Don't stress too much about this - it doesn't have to be precise, and New Zealand no longer has death duties or estate tax that make this figure really important. Your best estimate is okay.
That said, please try to show accurately whether your loved one's estate is greater than or less than $155,000. This makes a difference to who can inherit and who can apply for letters of administration.
If you don't know for sure whether it's more than $155,000 or less, try to find out. If you can't find out, please tell us more about the enquiries you have already made.
The Court requires you to have made 'full searches and enquiries' to try to find a will.
Just because your loved one said they hadn't made a will, that doesn't mean there isn't one. They could have made a will at any time after they turned 18. It could still be valid, unless they married afterwards.
You (or someone else) must have searched your loved one's home, personal belongings, personal papers, computer, storage units, garage, office, and anywhere else a will could have been stored.
You also need to have asked your loved one's friends and family whether your loved one told them they had made a will.
If your loved one had a lawyer, you need to ask them.
In most cases it is strongly recommended also to make a formal will enquiry through the NZ Law Society, either through the local branch or in their nationwide newsletter, Lawpoints.
