Separation order

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. 

You need to find out.

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. 

Dissolution order

You will need a copy of the dissolution 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.

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.

De facto relationship

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.

Spouse/partner has priority

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 - unless (a) there is a child of the relationship OR the surviving partner made a substantial contribution to the relationship, AND (b) excluding the surviving partner from inheriting would cause them serious injustice.

If there is more than one surviving spouse/partner, they share the priority (and the specified level of inheritance).

If deceased left more than $155,000

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).

Information about deceased's children

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).

Children have priority

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. 

Information about deceased's children

Children of deceased

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.)

Grandchildren (or great-grandchildren) of deceased who inherit their parent's share

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.)

Children of deceased who died before the deceased AND did not have any children of their own

For each such child, we need their full name, date of death, and (if known) place of death.

Please show one at a time. (Use the + sign at the right of the field, to add another entry.)

Children of deceased who died AFTER the deceased

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.

Please show one at a time. (Use the + sign at the right of the field, to add another entry.)

Paternity search (Status of Children Act)  

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 5-6 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 you say it's 'utterly pointless', you need to be able to prove that your loved one could not have fathered a child or (if female) could not have borne a child. Medical proof of infertility. (Sorry, we don't make the rules, we only tell you about them.)

Parent/s of deceased 

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.

Power of attorney?

If this is a power of attorney for someone who is still alive, they must be, either:

• overseas (outside New Zealand), or
• mentally incapable (and formally assessed as such, by a qualified medical practitioner). 

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. 

Information about second applicant

If there is only one applicant, click NEXT to proceed to the next page.

Power of attorney?

If this is a power of attorney for someone who is still alive, they must be, either:

• overseas (outside New Zealand), or
• mentally incapable (and formally assessed as such, by a qualified medical practitioner). 

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. 

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.