Administration Act 1969

1: Short Title and commencement
1: This Act may be cited as the Administration Act 1969.
2: This Act shall come into force on 1 January 1971.
2: Interpretation
1: In this Act, unless the context otherwise requires,— administration administrator Commonwealth Commonwealth country court High Court de facto relationship section 2 estate full age goods Credit Contracts and Consumer Finance Act 2003 hire purchase agreement
a: includes—
i: any agreement to sell goods under which the buyer grants security over the goods to the seller for the whole or part of the purchase price and the property in the goods passes to the buyer subject to that security (in which case the agreement is a hire purchase agreement made at the time the sale is made); and
ii: a sale and loan arrangement under which a person lends money on the security of any goods that have been bought or are to be bought if the whole or part of the purchase price is paid out of the proceeds of the loan, and the loan is made by the seller or is arranged by the seller and made by a third party who is engaged in the business of lending money or who habitually lends money in the course of the third party's business (in which case the arrangement is a hire purchase agreement made at the time of the making of the loan); but
b: does not include, subject to paragraph (a), any agreement under which property in the goods passes absolutely to the person who agrees to purchase them at the time of the agreement or upon or at any time before delivery of the goods intestate Maori Te Ture Whenua Maori Act 1993 minor minority personal chattels debtor under a security interest as defined in the Personal Property Securities Act 1999 the deceased real estate Registrar High Court rules securities surviving de facto partner testamentary expense trustee company Trustee Companies Act 1967 trustee corporation Public Trust the Māori Trustee will References to a child or issue living at the death of any person include a child or issue who is conceived but not born at the death but who is subsequently born alive.
2: Nothing in this Act shall affect any special provision in any Act for the time being in force relating to the wills of Maori or to the obtaining of administration of the estate of a deceased Maori or the distribution of the estate of a deceased Maori. 1952 No 56 s 2 Section 2(1) court amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 2(1) de facto relationship inserted 1 February 2002 section 4 Administration Amendment Act 2001 Section 2(1) full age inserted 30 January 2021 section 161 Trusts Act 2019 Section 2(1) goods inserted 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 Section 2(1) hire purchase agreement inserted 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 Section 2(1) Maori amended 1 July 1993 section 362(2) Te Ture Whenua Maori Act 1993 Section 2(1) minor inserted 30 January 2021 section 161 Trusts Act 2019 Section 2(1) personal chattels amended 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 Section 2(1) personal chattels amended 1 May 2002 section 191(1) Personal Property Securities Act 1999 Section 2(1) personal chattels amended 1 January 1971 Administration Amendment Act 1970 Section 2(1) Registrar amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 2(1) surviving de facto partner inserted 1 February 2002 section 4 Administration Amendment Act 2001 Section 2(1) testamentary expense inserted 30 January 2021 section 161 Trusts Act 2019 Section 2(1) trustee corporation amended 1 March 2002 section 170(1) Public Trust Act 2001
3: Act to bind Crown
This Act shall bind the Crown. 1952 No 56 s 3
4: Application of Parts 1, 2, and 4
Except as otherwise provided in this Act, Parts 1 2 4
4A: Age of majority
1: For the purposes of this Act and of a will, the age of majority is 18.
2: In a will, adult, child, full age, infant, infancy, minor, minority, full capacity, majority, and similar expressions must be read in accordance with subsection (1)
3: This section—
a: overrides section 4(1)
b: is subject to any contrary intention in the will. Section 4A inserted 30 January 2021 section 161 Trusts Act 2019
4B: Application of Trusts Act 2019
1: The duties incidental to the office of an administrator under this Act are taken to be express trusts for the purposes of the Trusts Act 2019
2: The Trusts Act 2019 Section 4B inserted 30 January 2021 section 161 Trusts Act 2019
1: Administration by administrator
Grant of administration
5: Probate jurisdiction of
High Court
1: The court shall continue to have jurisdiction and authority in relation to the granting and revoking of probate of wills and letters of administration with or without a will annexed of the estates of deceased persons, and in regard to the hearing and determining of proceedings relating to testamentary matters and matters relating to the estates of deceased persons.
2: Without restricting subsection (1) or any other enactment, the court shall have jurisdiction to make a grant of probate or letters of administration in respect of a deceased person, whether or not the deceased person left any estate in New Zealand or elsewhere, and whether or not the person to whom the grant is made is in New Zealand. 1952 No 56 s 4; Supreme Court of Judicature (Consolidation) Act 1925 s 20 (UK); Administration of Justice Act 1932 s 2 (UK) Section 5 heading amended 1 April 1980 section 12 Judicature Amendment Act 1979
5A: Killer not competent to be granted administration
A person who is a killer of a victim for the purposes of the Succession (Homicide) Act 2007 or who is awaiting trial for an offence of homicide (within the meaning of that Act) is not competent to be granted and must not be granted—
a: probate of the victim's will; or
b: letters of administration of the estate of the victim, with or without a will annexed. Section 5A inserted 17 November 2007 section 17 Succession (Homicide) Act 2007
6: Discretion of court as to person to whom administration is granted
1: In granting letters of administration with or without a will annexed, or an order to administer with or without a will annexed, in respect of the estate of any deceased person or any part thereof, the court shall have regard to the rights of all persons interested in the estate of the deceased person or the proceeds of sale thereof, and, in particular, administration with a will annexed may be granted to a devisee or legatee; and any such administration may be limited in any way the court thinks fit: provided that, subject to the provisions of subsection (2), where the deceased died wholly intestate as to his or her estate, administration shall be granted to some 1 or more persons beneficially interested in the estate of the deceased, if they make an application for the purpose.
2: Where by reason of the insolvency of the estate or other special circumstances the court thinks it necessary or expedient to do so, it may—
a: grant administration to such person or persons as it thinks expedient notwithstanding that some other person is appointed an executor or that, apart from this subsection, some other person would by law be entitled to a grant of administration:
b: grant probate to 1 or more of the executors appointed by a will, notwithstanding that some other person or persons may also be appointed as an executor or executors.
3: A grant may be made under subsection (2) notwithstanding that any person excluded from the grant would be competent to take it.
4: Before determining to exclude from any such grant any person who, apart from this section, would by law be entitled to, or be included in, the grant, and wishes to have, or to be so included in, the grant, the court shall have regard to his or her competency and solvency, his or her ability effectively to administer the estate, the rights of all persons interested in the estate, and any changes in circumstances between the making of the will (if any) and the time when the court is asked to make the grant.
5: The court may, in its discretion, make any grant of administration (other than the probate of a will) conditional upon the person to whom the grant is made giving such security as the court may require for the due collection, getting in, and administration of the estate of the deceased: provided that the court shall not require any trustee corporation, or any person obtaining administration to the use or for the benefit of the Sovereign, to give any such security.
6: The court shall not exercise its powers under subsection (5) unless it is satisfied that, in the special circumstances of the case, the imposition of the requirement of security would be expedient having regard to the following matters:
a: the value of the estate:
b: the financial position of the proposed administrator:
c: the extent of his or her interest (if any) in the estate:
d: whether or not he or she is a creditor in the estate:
e: whether or not there are any minor beneficiaries or beneficiaries under any other disability:
f: such other matters as the court thinks relevant.
7: It shall not be necessary in any motion for a grant of administration, or in any affidavit filed in support of such motion, to include any information for the purposes only of subsections (5) and (6) unless the court in a particular case expressly requires that information to be supplied. Supreme Court of Judicature (Consolidation) Act 1925 s 162 (UK) Section 6(5) inserted 1 January 1980 section 3 Administration Amendment Act 1979 Section 6(6) inserted 1 January 1980 section 3 Administration Amendment Act 1979 Section 6(7) inserted 1 January 1980 section 3 Administration Amendment Act 1979
7: Administration pending legal proceedings
1: Where any legal proceedings touching the validity of the will of a deceased person, or for obtaining, recalling, or revoking any grant of administration, are pending, the court may grant administration of the estate of the deceased to a temporary administrator, who shall, until he or she is discharged or removed under section 21
2: The court may, out of the estate of the deceased, grant to a temporary administrator appointed under this section such reasonable remuneration as the court thinks fit. Supreme Court of Judicature (Consolidation) Act 1925 s 163 (UK)
8: Grant of special administration where administrator is out of New Zealand
1: If at any time after the death of a person any administrator of his or her estate is residing out of New Zealand, the court may, on the application of any creditor or person interested in the estate, grant to him or her or some other person special administration of the estate of the deceased in such form and with such powers as the court may direct or approve. Unless the court otherwise directs, every grant of special administration shall continue until the administrator to whom the grant is made is discharged or removed under section 21
2: While a grant of special administration of the estate of a deceased person remains in force the previously subsisting administration of that estate shall be deemed to be suspended, and the administrator thereunder shall not be liable for acts and things done by the administrator under the grant of special administration.
3: The court may, for the purpose of any legal proceedings to which the administrator under the special administration is a party, order the transfer into court of any money or securities belonging to the estate, and all persons shall obey any such order.
4: If the administrator capable of acting as such returns to and resides within the jurisdiction of the court while any legal proceedings to which a special administrator is a party are pending, the administrator who so returns may be made a party to the legal proceedings, and the court may order that the costs of and incidental to the special administration and the legal proceedings shall be paid by such person and out of such fund as it may specify.
5: Nothing in this section shall restrict section 21 Supreme Court of Judicature (Consolidation) Act 1925 s 164 (UK)
9: Administration during minority of executor
1: Where a person who is sole executor of a will is at the date of the testator's death a minor who is not entitled to a grant of probate under subsection (3), administration with the will annexed may be granted to such person as the court thinks fit, until the minor becomes entitled to and obtains a grant of probate to him or her; and on his or her attaining full age or sooner becoming entitled to a grant of probate under that subsection and not before, probate of the will may be granted to him or her.
2: Where a testator by his or her will appoints a person who at his or her death is a minor who is not entitled to a grant of probate under subsection (3) to be an executor, the appointment shall not operate to transfer any interest in the estate of the deceased to the minor or to constitute him or her an administrator for any purpose, unless and until probate is granted to him or her under this section.
3: Where a testator by his or her will appoints a person who is a minor to be an executor, probate of the will may be granted to the person if, at the date of the grant, the person has attained full age.
4: A minor to whom probate is granted under paragraph (b) of subsection (3) shall have the same rights, powers, duties, and obligations as executor as he or she would have if he or she were of full age, and shall be liable accordingly for his or her acts and omissions as executor. Supreme Court of Judicature (Consolidation) Act 1925 s 165 (UK) Section 9(3) replaced 30 January 2021 section 161 Trusts Act 2019
9A: Grant of administration to holder of enduring power of attorney
1: For the purposes of this section and section 9B attorney donor
a: a person who is the sole executor, or the last surviving executor, of a will made by the deceased person; or
b: a person who has the right, in respect of the estate of the deceased person, to apply for letters of administration with or without a will annexed mentally incapable power of attorney section 95
a: authorises the attorney to act generally in relation to the whole of the donor's affairs in relation to the donor's property (whether or not the attorney is also authorised to act in relation to the donor's personal care and welfare); and
b: is not subject to any conditions or restrictions that prohibit the attorney from applying for a grant of administration on behalf of the donor.
2: If,—
a: on the date of a person's death or within 3 months after that date, the donor is or becomes mentally incapable; and
b: there is an attorney in respect of that donor,— the court may, on the application of the attorney, make a grant of administration to the attorney.
3: If—
a: an attorney applies under subsection (2) for a grant of administration; and
b: the donor dies before the court finally determines that application,— the court may make a grant of administration under subsection (2) to the applicant, even though, because of the donor's death, the applicant is no longer an attorney.
4: If—
a: a donor applies for a grant of administration in respect of the estate of a deceased person; and
b: the donor becomes mentally incapable before the court finally determines that application; and
c: there is an attorney in respect of that donor,— the court may make a grant of administration under subsection (2) to the attorney.
5: In the circumstances set out in subsection (4), an attorney does not need to make a separate application for a grant of administration, but may, if the attorney wishes, continue the proceedings in the attorney's own name.
6: A grant of administration under subsection (2) continues until—
a: the attorney is discharged or removed as administrator under section 21
b: the power of attorney ceases to have effect in accordance with section 106 Protection of Personal and Property Rights Act 1988
c: the attorney is removed as administrator, as specified in section 9B(3)﻿(b) section 9B(4) Section 9A inserted 3 July 1998 section 2 Administration Amendment Act (No 2) 1998
9B: Further provisions relating to grant of administration to holder of enduring power of attorney
1: Where the court has made a grant of administration under section 9A(2) Protection of Personal and Property Rights Act 1988
a: section 101
b: section 102(2)﻿(a)
c: section 102(2)﻿(c)
d: section 102(2)﻿(d)
e: section 102(2)﻿(e)
f: section 102(2)﻿(f)
g: section 102(2)﻿(g)
h: section 103
i: section 105(1)
2: If the donor dies while the attorney is acting as administrator, the attorney must, within 3 months after the date of death of the donor, apply to the court for directions relating to whether the attorney may continue to act as administrator.
3: If an application is made under subsection (2), the court may—
a: direct the attorney to continue to act as administrator; or
b: remove that attorney as administrator under section 21
4: If—
a: the donor dies; and
b: the attorney fails to make an application under subsection (2) within 3 months after the date of death of the donor; and
c: any person interested in the estate in respect of which the attorney is acting as administrator, or Public Trust Māori Trustee section 21 the court must remove that attorney as administrator under section 21 Section 9B inserted 3 July 1998 section 2 Administration Amendment Act (No 2) 1998 Section 9B(4)﻿(c) amended 1 March 2002 section 170(1) Public Trust Act 2001
10: Administration with will annexed
Where the court grants administration of the estate of a deceased person with the will annexed, the will of the deceased shall be performed and observed in like manner as if probate thereof had been granted to an executor. Supreme Court of Judicature (Consolidation) Act 1925 s 166 (UK)
11: Cesser of right of executor to prove
1: Where a person appointed executor by a will—
a: survives the testator but dies without having been granted probate of the will; or
b: is cited to take out probate of the will and does not appear to the citation; or
c: renounces probate of the will,— his rights in respect of the executorship shall wholly cease, and the representation to the testator and the administration of the testator's estate shall devolve and be committed as if that person had not been appointed executor.
2: Where a person is appointed by a will to be both executor and trustee and his or her rights in respect of the executorship wholly cease under subsection (1), his or her rights in respect of the trusteeship shall also wholly cease and the trusteeship shall devolve or be determined as if he or she had not been appointed as trustee: provided that nothing in this subsection shall prevent his or her subsequent appointment as trustee. Administration of Estates Act 1925 s 5 (UK)
12: Withdrawal of renunciation
1: Notwithstanding anything to the contrary in section 11
2: Where an executor who has renounced probate has been permitted (whether before or after the commencement of this Act) to withdraw the renunciation and prove the will,—
a: the probate shall take effect and be deemed always to have taken effect without prejudice to the previous acts and dealings of and notices to any other person to whom administration has been granted, and a memorandum of the subsequent probate shall be endorsed on the original grant of administration:
b: his rights (if any) in respect of the trusteeship shall revive except so far as the court otherwise orders. Administration of Estates Act 1925 s 6 (UK)
13: Executor of executor represents original testator
1: An executor of a sole or last surviving executor of a testator shall be the executor of that testator: provided that for the purposes of the foregoing provisions of this subsection a person who does not prove the will of his or her testator shall be deemed not to be an executor notwithstanding his or her appointment as such by the will, and in the case of an executor who on his or her death leaves surviving him or her some other executor of his or her testator who at the time of the testator's death has not proved but who afterwards proves the will of that testator, it shall cease to apply when probate to the surviving executor is granted.
2: So long as the chain of representation is unbroken, the last executor in the chain is the executor of every preceding testator.
3: The chain of representation is broken by—
a: the failure to leave a will; or
b: the failure of a testator to appoint an executor; or
c: the failure to obtain probate of a will,— but is not broken by a temporary grant of administration if probate is subsequently granted.
4: Every person in the chain of representation to a testator—
a: has the same rights in respect of the estate of that testator as the original executor would have had if living; and
b: is, to the extent to which the estate of that testator has come to his or her hands, answerable as if he or she were an original executor. Administration of Estates Act 1925 s 7 (UK)
14: Notice to be sent to Public Trustee of applications for administration
Section 14 repealed 21 November 1973 Administration Amendment Act 1973
15: Administration bond
Section 15 repealed 1 January 1980 section 4(1) Administration Amendment Act 1979
16: Proceedings if condition of bond broken
Section 16 repealed 1 January 1980 section 4(1) Administration Amendment Act 1979
17: Administration as evidence
Every administration of a will or with a will annexed shall be evidence of that will upon all questions concerning real estate in the same manner and to the same extent as in questions concerning personal estate; and every administration shall, in the absence of proof to the contrary, be sufficient evidence of the death and the date of the death of the testator or intestate. 1952 No 56 s 8
18: Certificates of administration
1: Subject to the provisions of subsection (2), at any time after the grant of the relevant administration the Registrar may, on the request of the administrator, issue under his or her hand and the seal of the court Schedule 1
2:
3: Every such certificate shall, in the absence of proof to the contrary, be sufficient evidence of the death and the date of death of the testator or intestate and of the grant of administration to the administrator for all purposes including registering the administrator as proprietor of any estate or interest in any land under the Land Transfer Act 2017 Mining Act 1926 The Registrar-General of Land, the Mining Registrar, or any bank, company, body, or association to which any such certificate is produced is not Land Transfer Act 2017
4: The fee payable to the Registrar in respect of each such certificate shall be $30
5: An order under subsection (4) is secondary legislation ( see Part 3 1952 No 56 s 8A 1957 No 38 s 2(1) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 18(1) amended 1 January 1986 section 11(2) Judicature Amendment Act (No 2) 1985 Section 18(2) repealed 24 May 1999 section 15(1) Estate Duty Repeal Act 1999 Section 18(3) amended 12 November 2018 section 250 Land Transfer Act 2017 Section 18(4) amended 1 July 2013 regulation 5(1) High Court Fees Regulations 2013 Section 18(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
19: Proceedings where executor neglects to prove will
1: In any case where any executor named in a will neglects or refuses to prove the will, or to renounce probate thereof, within 3 months from the death of the testator, the court may, upon the application of any other executor or executors or of any person interested in the estate or of Public Trust the Māori Trustee
2: Upon proof (whether by affidavit or otherwise) of service of the order, or upon the court dispensing with service of the order, if the executor who is so called upon does not appear or upon cause being shown, the court may make such order for the administration of the estate, and as to costs, as appears just.
3: Where Public Trust the Māori Trustee Public Trust the Māori Trustee
4: On the application of any executor who was out of New Zealand when the grant under subsection (3) without an order nisi was made, and who has not refused or renounced administration, the court may grant probate to that executor, or if Public Trust Public Trust
5: No application under subsection (4) shall be made until 14 days after notice in writing of the intention to apply has been left at the Office at Wellington of Public Trust the Māori Trustee 1952 No 56 s 9 Section 19(1) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 19(3) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 19(4) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 19(5) amended 1 March 2002 section 170(1) Public Trust Act 2001
20: When powers, etc, of
Public Trust Māori
1: Immediately on the grant of probate under subsection (4) of section 19—
a: all the powers, rights, discretions, and duties of Public Trust Māori Trustee Public Trust Act 2001 Maori Trustee Act 1953 Public Trust Māori Trustee
b: no claim shall thereafter lie against Public Trust Māori Trustee provided that nothing in this paragraph shall apply where Public Trust
c: subject to and on the allowance and payment of all money due for commission, necessary outlay, disbursements, costs, charges, and expenses affecting the estate, including the costs of and incidental to the application for probate, and consequent thereon, and subject also to the provisions of this section and section 19 Public Trust the Māori Trustee
2: Nothing in this section shall relieve Public Trust the Māori Trustee 1952 No 56 s 10 Section 20 heading amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 20 heading amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 20(1)﻿(a) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 20(1)﻿(a) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 20(1)﻿(b) amended 1 July 2009 section 30(1) Māori Trustee Amendment Act 2009 Section 20(1)﻿(b) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 20(1)﻿(c) amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 20(2) amended 1 March 2002 section 170(1) Public Trust Act 2001
21: Discharge or removal of administrator
1: Where an administrator is absent from New Zealand for 12 months without leaving a lawful attorney, or desires to be discharged from the office of administrator, or becomes incapable of acting as administrator or unfit to so act, or where it becomes expedient to discharge or remove an administrator, the court may discharge or remove that administrator, and may if it thinks fit appoint any person to be administrator in his or her place, on such terms and conditions in all respects as the court thinks fit.
2: The administrator so removed or discharged shall, from the date of that order, cease to be liable for acts and things done after that date.
3: Upon any administrator being discharged or removed as aforesaid (whether or not any other administrator is appointed) all the estate and rights of the previous administrator or administrators which were vested in him or her or them as such shall become and be vested in the continuing administrator or administrators (including any administrator appointed under subsection (1)) who shall have the same powers, authorities, discretions, and duties, and may in all respects act, as if he or she or they had been originally appointed as the administrator or administrators.
4: This section shall, with all necessary modifications, extend to the case where an administrator dies, and the powers and authorities hereby conferred may be exercised and shall take effect accordingly.
5: Nothing in this section shall restrict section 8 1952 No 56 s 11 The administering of estates
22: Interim vesting of estate where no executor appointed
1: Subject to the provisions of this Act and any other Act, where a person dies without leaving a will that effectively appoints an executor, his or her estate shall, until administration is granted in respect thereof, vest in the Crown in the same manner and to the same extent as formerly in England in the case of personal property it vested in the ordinary.
2: While any estate remains vested in the Crown in accordance with this section, the Crown Proceedings Act 1950 Administration of Estates Act 1925 s 9 (UK)
23: Executor not to act while another administrator is in office
Subject to the provisions of this Act and of any other Act, where administration has been granted in respect of any part of the estate of a deceased person, and is not for the time being suspended, no person other than the administrator of that part of the estate shall have power to bring an action or otherwise act as administrator of the deceased person in respect of the estate comprised in or affected by the grant until the grant has been recalled or revoked. Administration of Estates Act 1925 s 15 (UK)
24: Estate to vest in administrator
1: Immediately upon the grant of administration of the estate of any deceased person, all the estate then unadministered of that person, whether held by him or her beneficially or held by him or her in trust, shall vest in the administrator to whom the administration is granted for all the estate therein of that person: provided that nothing in this section shall affect the earlier vesting in an executor by operation of law.
2: The title of every administrator to any part of the estate of a deceased person, whether he or she has died before or after the commencement of this Act, shall relate back to and be deemed to have arisen immediately upon the death of the deceased person, as if there had been no interval of time between the death and the grant of administration.
3: If there are concurrently more administrators than 1 of any part of the estate that part shall vest in them as joint tenants. 1952 No 56 s 12
25: How estate to be held by administrator
Subject to the provisions of this Act, the administrator shall hold—
a: the estate of any person who dies or has died either before or after the commencement of this Act leaving a will according to the trusts and dispositions of the will, so far as the will affects that estate:
b: the estate of any person who dies after the commencement of this Act intestate as to that estate according to the provisions of Part 3
c: the estate of any person who has died before the commencement of this Act intestate as to that estate according to the provisions of the enactments and law which would have applied thereto if this Act had not been passed. 1952 No 56 s 13
26: Estate to be assets for payment of debts, etc
The whole of the estate of every deceased person shall be assets in the hands of his or her administrator for the payment of all duties and fees payable under any Act imposing or charging duties or fees on the estates of deceased persons, and for the payment in the ordinary course of administration of his or her debts and of debts properly incurred by his or her administrator; and for those purposes the administrator may, in as full and effectual a manner in law as the testator or intestate could have done in his or her lifetime, sell, lease (with or without an optional or compulsory purchasing clause), or mortgage (with or without a power of sale), the estate, or any part thereof. 1952 No 56 s 14
27: Power of sale on intestacy
1: On the death of a person intestate as to any real or personal estate, his or her administrator shall have power to sell that real estate and to call in, sell, and convert into money such part of that personal estate as may not consist of money, with power to postpone the sale, calling in, and conversion for such a period as the administrator, without being liable to account, may think proper, and so that, unless required for purposes of administration owing to want of other assets, personal chattels be not sold under this section except for special reason.
2: This section shall have effect notwithstanding that the administrator has ceased to hold the real or personal estate as administrator and holds it as trustee.
3: Where the deceased leaves a will this section shall have effect subject to the provisions contained in the will. 1952 No 56 s 23
28: Method of sale or lease
1: An administrator exercising a power to sell or lease an estate or part of an estate under section 26 27
2: However,—
a: nothing in this section restricts the term of a lease granted under section 26
b: land of any value may be sold or leased under section 26 section 27 Section 28 replaced 30 January 2021 section 161 Trusts Act 2019
29: Administrator to represent real estate
In all actions concerning the real estate of a deceased person, his or her administrator shall represent his or her real estate and the persons interested therein in the same manner and to the same extent as, in actions concerning personal estate, the administrator represents that estate and the persons interested therein. 1952 No 56 s 18
30: Rights and duties of administrator as to real estate
The administrator of any deceased person shall have the same rights and be subject to the same duties and liabilities with respect to the real estate of that person as he or she has and is subject to with respect to the personal estate of that person, and shall perform the duties imposed on the administrator by any Act imposing or charging duties or fees or liabilities on the estates of deceased persons. 1952 No 56 s 20
31: Payment of claims where estate insufficient
Where the estate within the meaning of Part 6 1957 No 36 s 104 Section 31 amended 3 December 2007 section 445 Insolvency Act 2006
32: Administration suits
1: In any case where the assets of any deceased person are being administered by the court (whether the person has died before or after the commencement of this Act) if his or her estate proves to be insufficient for the payment in full of his or her debts and liabilities, the same rules shall apply and be observed as would be applicable if the estate were being administered under Part 6
2: In any action or other proceeding for the administration by the court of the estate of any deceased person, no court shall have jurisdiction to order or allow payment of costs out of the estate to the party responsible for the commencement or continuance of the action or proceeding, unless the court first certifies that there were reasonable grounds for the action being commenced or continued, and then only to the extent to which the continuance was necessary. 1952 No 56 ss 46, 47 Section 32(1) amended 3 December 2007 section 445 Insolvency Act 2006
33: Debts under deeds and simple contracts to stand in equal degree
Subject to the provisions of this Act and of any other Act, in the administration of the estate of every person who has died, whether before or after the commencement of this Act, no debt or liability of the person shall be entitled to any priority or preference by reason merely that it arises under a bond, deed, or instrument under seal; but all the creditors of that person shall be treated as standing in equal degree and be paid accordingly out of the assets of the deceased person, whether those assets are legal or equitable: provided that nothing in this section shall prejudice or affect any lien, charge, mortgage, or other security which any creditor may hold or be entitled to for payment of his or her debt or liability. 1952 No 56 s 21
34: Charges on property of deceased to be paid primarily out of the property charged
1: Where a person dies possessed of, or entitled to, or under a general power of appointment by his or her will disposes of, an interest in property, or where an interest in property passes by survivorship on the death of a person, and at the time of his or her death the interest is charged with the payment of money, whether by way of mortgage, charge, or otherwise, and the deceased has not by will, deed, or other document signified a contrary or other intention, the interest so charged shall, as between the different persons claiming through the deceased, be primarily liable for payment of all amounts charged thereon; and every part of the said interest, according to its value, shall bear a proportionate part of the amounts charged on the whole thereof.
1A: However, subsection (1) does not apply to an interest in any personal chattels if a person dies possessed of or entitled to the interest and it passes under the will or on the intestacy of the person to the person's husband , wife, or civil union partner
2: Such a contrary or other intention shall not be deemed to be signified—
a: by a general direction for payment of debts or of all the debts of the testator out of his or her personal estate, or his or her residuary real and personal estate, or his or her residuary real estate, or his or her residuary personal estate; or
b: by a charge of debts upon any such estate— unless that intention is further signified by words expressly or by necessary implication referring to all or some part of the charge on the interest in property.
3: Nothing in this section shall affect the right of a person entitled to the payment with which the interest in property is charged to obtain payment or satisfaction thereof out of the other assets of the estate or otherwise. 1952 No 51 s 149 Section 34(1) proviso repealed 1 February 2002 section 5(1) Administration Amendment Act 2001 Section 34(1A) inserted 1 February 2002 section 5(2) Administration Amendment Act 2001 Section 34(1A) amended 26 April 2005 section 5 Administration Amendment Act 2005
35: Articles held under hire purchase agreement
1: Where any person, immediately before his or her death, had an interest as purchaser under a hire purchase agreement of any goods
2: Where any person, immediately before his or her death, had an interest as purchaser under a hire purchase agreement of any goods section 34
3: The provisions of this section are without prejudice to the rights of the vendor of the goods under or by virtue of the hire purchase agreement. Section 35 replaced 1 January 1980 section 5 Administration Amendment Act 1979 Section 35(1) amended 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 Section 35(2) amended 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003
36: Application of sections 34 and 35
1: Sections 34 35
2: For the purposes of this section every will which is re-executed or confirmed or revived by any codicil shall be deemed to have been made at the time when it was first made, and not at the time when it was re-executed or confirmed or revived.
3: Section 149 Section 36(3) replaced 1 January 2008 section 364(1) Property Law Act 2007
36A: Direction for payment of duty on dutiable estate
Section 36A repealed 24 May 1999 section 15(1) Estate Duty Repeal Act 1999
37: Liability of specific devise or bequest where estate primarily liable is insufficient
If any testator's estate primarily liable for the payment of his or her debts is insufficient for that purpose, each of his or her specifically devised or bequeathed estates (if more than 1) shall be liable to make good the deficiency, in the proportion that the value of each of those estates bears to the aggregate value of the specifically devised or bequeathed estates of the testator. 1952 No 56 s 22
38: Proving executors may exercise powers
Where probate is granted to 1 or some of 2 or more persons named as executors, whether or not power is reserved to the others or other to prove, all the powers which are conferred by law or by the will on the administrator may be exercised by the proving executor or executors for the time being, and shall be as effectual as if all the persons named as executors had concurred therein. Administration of Estates Act 1925 s 8 (UK)
39: Interest on legacies and annuities
1: In any case where a legacy is charged upon both land and chattels, unless the will otherwise provides, interest shall be payable on the legacy and be a charge on the land and chattels in accordance with the rules of law that would apply if the legacy were charged upon the land only.
2: If interest is payable on a legacy or on arrears of an annuity for a period under the will or instrument pursuant to which the legacy or annuity is payable or any enactment or rule of law, unless the will or instrument otherwise provides or the court otherwise orders, the interest on the legacy or arrears of the annuity for that period must be calculated in accordance with Schedule 2
2A: However, if an administrator (in accordance with any power conferred on the administrator in that behalf) appropriates property in or towards satisfaction of a legacy (other than an annuity),—
a: the legatee is entitled to the income from the property so appropriated; and
b: interest is not payable out of any other part of the estate on so much of the legacy as has been satisfied by the appropriation.
2B:
3: Subsection (1) shall not apply in any case where the will or instrument pursuant to which a legacy is payable was made before the commencement of this Act, whether or not the testator (in the case of a will) dies after the commencement of this Act. Section 39(2) replaced 1 January 2018 section 29 Schedule 1 clause 5 Interest on Money Claims Act 2016 Section 39(2A) inserted 22 October 2003 section 3 Administration Amendment Act 2003 Section 39(2B) repealed 1 January 2018 section 29 Schedule 1 clause 5 Interest on Money Claims Act 2016
40: No right of retainer by administrator
No person, being a creditor in his or her own right or as a trustee of any estate of which he or she is administrator, shall, by virtue of his or her office as administrator, have any right of retainer in priority to the other creditors of the estate in respect of any debt due to him or her; but every such creditor or administrator shall rank with other creditors, but without prejudice to any preferential claim or security which as a creditor he or she might have been able to enforce if he or she had not been the administrator. 1952 No 56 s 26
41: Rights and liabilities of administrator
Every person to whom administration of the estate of a deceased person is granted, other than an executor, shall, subject to the limitations contained in the grant, have the same rights and liabilities and be accountable in like manner as if he or she were the executor of the deceased. Administration of Estates Act 1925 s 21 (UK)
42: Liability of agent of administrator
No person appointed an administrator upon an application made by him or her as the attorney or agent for an administrator absent from New Zealand shall be liable to account or pay money, or transfer property, to any one in respect of his or her administratorship excepting only to the administrator whose attorney or agent he or she was, or to any person who, after his or her appointment as administrator upon an application so made, is appointed administrator of the same estate. 1952 No 56 s 27
43: Administrator's right to distrain
Section 43 repealed 1 January 2008 section 364(1) Property Law Act 2007
44: Administrator may be required to exhibit inventory
Every administrator shall, when required by the court so to do, exhibit on oath in the court a true and perfect inventory and account of the estate of the deceased; and the court shall have power as heretofore to require administrators to bring in inventories. 1952 No 56 s 28; Administration of Estates Act 1925 s 25 (UK)
45: Protection of persons acting on administration
1: Every administrator or person who makes any payment or disposition or assumes any liability, or who permits any payment or disposition to be made, or who does any act, or who permits any act to be done, in good faith under an administration shall, notwithstanding any defect or circumstances whatsoever affecting the validity of the administration or its subsequent revocation, have the same indemnity and protection in so doing and in respect of all commission and remuneration earned by him or her in so doing, as he or she would if the administration were valid and not revoked.
2: Where an administration is revoked, all payments and dispositions made in good faith to an administrator before the revocation thereof shall be valid discharges to the person making the same; and the administrator who acted under the revoked administration may retain and reimburse himself or herself out of the estate that comes into his or her hands in respect of any acts, payments, dispositions, liabilities, commission, and remuneration in respect of which he or she is indemnified as aforesaid or which the person to whom administration is afterwards granted might have properly made.
3: Nothing in subsection (1) shall affect or prejudice the rights of any person entitled to any money or property that has been the subject of a payment or disposition to which that subsection relates against any person (other than the administrator in that capacity) to whom the payment or disposition has been made, but the person so entitled shall have the same remedy against the person (other than the administrator in that capacity) to whom the payment or disposition was made as he or she would have had against the administrator if the payment or disposition had not been made.
4: Nothing in this section shall restrict section 51 1952 No 56 s 30; Administration of Estates Act 1925 s 27 (UK)
46: Interpretation of sections 47 to 50
In sections 47 to 50 application apply applicant distribution order 1952 No 56 s 30A(8); 1960 No 100 s 2
47: Protection of administrator against certain claims
1: This section shall apply to applications and orders—
a: under the Family Protection Act 1955
b: under the Law Reform (Testamentary Promises) Act 1949
c: under section 26(2) section 70 section 99 section 180(2)
ca:
d: under the Property (Relationships) Act 1976
e: under Part 7
ea: under the Succession (Homicide) Act 2007:
f: arising out of contracts to make a will containing certain provisions or not to revoke an existing will or specified provision therein or not to make a will.
2: No action shall lie against the administrator or trustee of the estate of any deceased person by reason of his or her having distributed any part of the estate, and no application or order to which this section applies shall disturb the distribution, if it was properly made, in accordance with subsection (2) of section 48, by the administrator or trustee for the purpose of providing for the maintenance, support, or education of any person who was totally or partially dependent on the deceased immediately before the death of the deceased, whether or not the administrator or trustee had notice at the time of the distribution of any application or intention to make any application that would affect the estate, being an application to which this section applies.
3: No person who may have made or may be entitled to make an application to which this section applies shall be entitled to bring an action against the administrator or trustee by reason of his or her having distributed any part of the estate if the distribution was properly made, in accordance with subsection (2) of section 48, by the administrator or trustee after the person (being of full legal capacity) has advised the administrator or trustee in writing or acknowledged in any document that the person either—
a: consents to the distribution; or
b: does not intend to make any application that would affect the proposed distribution.
4: No action shall lie against the administrator or trustee by reason of his or her having distributed any part of the estate if the distribution was properly made, in accordance with subsection (2) of section 48, by the administrator or trustee after the expiration of 6 months from the date of the grant in New Zealand of administration in the estate of the deceased, and before service on him or her of any application, and without notice in writing of any application or intention to make an application that would affect the estate, being an application to which this section applies.
5: Subsection (4) does not apply to protect an administrator who, at the time of making a distribution, had reason to suspect that the death of the deceased was a homicide and the person to whom the distribution was made was a killer of the deceased. 1952 No 56 s 30A 1960 No 100 s 2 Section 47(1) replaced 1 July 1992 section 242(1) Child Support Act 1991 Section 47(1)﻿(ca) repealed 1 February 2002 section 6 Administration Amendment Act 2001 Section 47(1)﻿(d) replaced 1 February 2002 section 6 Administration Amendment Act 2001 Section 47(1)﻿(ea) inserted 17 November 2007 section 17 Succession (Homicide) Act 2007 Section 47(5) inserted 17 November 2007 section 17 Succession (Homicide) Act 2007
48: Notices and distributions
1: For the purposes of this section and of section 47 section 47 provided that nothing in this subsection shall prevent the subsequent making of the application within the period allowed by law.
2: Notwithstanding the provisions of section 8 sections 47 51 section 47 provided that nothing in this subsection shall restrict the provisions in subsection (4) of section 47 requiring that the distribution shall have been made before service on him or her of a copy of any application and without notice in writing of the matters specified in that subsection. 1952 No 56 s 30A(6), (7); 1960 No 100 s 2
49: Following of assets, etc
1: In any case where an administrator or trustee has made a distribution of any assets forming part of the estate of any deceased person or subject to any trust and there is nothing in any Act to prevent the distribution from being disturbed, the court may—
a: make, subject to such terms and conditions as it thinks fit, in respect of any interest in any such assets that is for the time being retained by the person to whom those assets were distributed or his or her administrator or any person who has received any interest in those assets from either of them otherwise than in good faith and for full valuable consideration, any order to which section 47 section 79
b: order that any person to whom any assets were so distributed or his or her administrator shall pay to any applicant for an order to which section 47 section 79
c: order that any person who has received any interest in any such assets from the person to whom they were distributed or his or her administrator, otherwise than in good faith and for full valuable consideration, shall pay to any applicant for an order to which section 47 section 79
d: in making any such order fix such terms and conditions as the court thinks fit, and for the purpose of giving effect to any such order, make such further order as it thinks fit.
2: The remedies given to any person by subsection (1) are in addition to all other rights and remedies (if any) available to that person, and nothing in that subsection shall restrict any such other rights and remedies.
3: Subject to the provisions of subsection (4), no application for an order under subsection (1) shall be heard by the court,—
a: in the case of an application for an order under the Family Protection Act 1955 Law Reform (Testamentary Promises) Act 1949 provided that, in the case of an application for an order under the Family Protection Act 1955 made by an administrator on behalf of a person who is not of full age or mental capacity, an application for an order under the said subsection (1) may be made within 2 years from the date of the grant in New Zealand of administration in the estate:
b: in the case of an application to which subparagraph (i) of paragraph (b) of section 50
c: in any other case, unless the application for an order under the said subsection (1) is made within the time within which the applicant could have enforced his or her claim in respect of the estate without special leave of the court if the assets had not been distributed: provided that, with the special leave of the court, the application may be heard by the court on an application made within the time within which the applicant could have enforced his or her claim in respect of the estate with special leave of the court if the assets had not been distributed.
4: Notwithstanding anything to the contrary in subsection (3), in any case where an administrator or trustee has made a distribution of any assets forming part of the estate of any deceased person or subject to any trust, and any person who is entitled to apply for an order under subsection (1) has, within the time specified in the said subsection (3), made an application to the court for any order to which section 47 section 79 1952 No 56 s 30B(1)–(4); 1960 No 100 s 2 Section 49(1)﻿(a) amended 30 January 2021 section 161 Trusts Act 2019 Section 49(1)﻿(b) amended 30 January 2021 section 161 Trusts Act 2019 Section 49(1)﻿(c) amended 30 January 2021 section 161 Trusts Act 2019 Section 49(4) amended 30 January 2021 section 161 Trusts Act 2019
50: Freedom to exercise remedies
Notwithstanding any rule of law to the contrary, in any case where an administrator or trustee has made a distribution of any assets forming part of the estate of any deceased person or subject to any trust—
a: any person may exercise the remedies (if any) given to him or her by subsection (1) of section 49
b: if any person exercises any right or remedy available against the administrator or the trustee in consequence of the distribution of any such assets, the administrator or trustee may—
i: apply to the court for any order which may be made under subsection (1) of section 49
ii: in any proceedings against him or her in respect of the exercise of any such right or remedy, by leave of the court and in accordance with the rules of court relating to such notices, issue a third party notice against any person against whom he or she may apply for an order under subparagraph (i). 1952 No 56 s 30B(1)–(5); 1960 No 100 s 2
51: Restriction on following assets
In any case where an administrator or trustee has made a distribution of any assets forming part of the estate of any deceased person or subject to any trust, relief (whether under subsection (1) of section 49
a: the person from whom relief is sought received the assets or interest in good faith and has altered his or her position in the reasonably held belief that the distribution was properly made and would not be set aside; and
b: in the opinion of the court it is inequitable to grant relief or to grant relief in full, as the case may be. 1952 No 56 s 30B(6); 1960 No 100 s 2
52: Liability of person fraudulently obtaining or retaining estate of deceased
If any person other than the administrator, to the defrauding of creditors or without full valuable consideration, obtains or receives or holds any part of the estate of a deceased person or effects the release of any debt or liability due to the estate of the deceased, he or she shall be charged as executor in his or her own wrong to the extent of the estate received or coming into his or her hands, or the debt or liability released, after deducting—
a: any debt for valuable consideration and without fraud due to him or her from the deceased person at the time of his or her death which might properly be retained by an administrator; and
b: any payment made by him or her which might properly be made by an administrator. Administration of Estates Act 1925 s 28 (UK) Powers and procedure of court
53: Direction to executor to prove or renounce, etc
The court shall have power to direct any person named as executor in a will to prove or renounce probate of the will, and (subject to this Act and any other enactment and the rules) to do such other things as it thinks fit concerning the granting and revocation of administration, and the hearing and determination of proceedings relating to testamentary matters and matters relating to the estates of deceased persons. Supreme Court of Judicature (Consolidation) Act 1925 s 159 (UK)
54: Production of instruments purporting to be testamentary
The court may, whether any suit or other proceeding is or is not pending with respect to any administration, order any person to produce any paper or writing, being or purporting to be testamentary, which may be shown to be in the possession or under the control of that person; and if it is not shown that any such paper or writing is in the possession or under the control of any person, but it appears that there are reasonable grounds for believing that he or she has knowledge of any such paper or writing, the court may direct that person to attend for the purpose of being examined in open court, or upon interrogatories, respecting the same; and that person shall be bound to answer any such questions or interrogatories, and, if so ordered, to produce and bring in any such paper or writing, and shall be subject to the like process of contempt in case of default in not attending or in not answering any such questions or interrogatories, or not bringing in any such paper or writing, as he or she would have been subject to in case he or she had been a party to a suit in the court and had made any such default; and the costs of any such suit or proceeding shall be in the discretion of the court. Court of Probate Act 1857 s 26 (UK)
55: Continuance of legal proceedings after revocation of temporary administration
If, while any legal proceeding is pending in any court by or against an administrator to whom a temporary administration has been granted, that administration is revoked, the court may order that the proceeding be continued by or against the new administrator in like manner as if the same had been originally commenced by or against him or her, but subject to such conditions and variations, if any, as that court directs. Administration of Estates Act 1925 s 17 (UK)
56: Question of fact may be tried by a jury
1: If any question of fact arises in any proceeding under this Act, the court may, if it thinks fit, cause the same to be tried by a jury before the court itself, or before any Judge of the court, and may settle an issue for that purpose.
2: In every such case the subsequent proceedings in respect of that issue shall be the same as if it had been settled in an ordinary action. 1952 No 56 s 34
57: Practice of court in its administration jurisdiction
The practice of the court in regard to administration shall, except where otherwise provided by this Act or by the rules, be regulated, so far as the circumstances of the case will admit, by the practice of the court heretofore in force. 1952 No 56 s 35
58: Form of order to
Public Trust Māori Trustee Whenever the court grants an order to Public Trust the Māori Trustee Schedule 2 1952 No 56 s 36; 1957 No 38 s 4 Section 58 heading amended 1 March 2002 section 170(1) Public Trust Act 2001 Section 58 amended 1 March 2002 section 170(1) Public Trust Act 2001
59: Power to make rules
The power to make rules of court under section 148
a: prescribing the forms of administration:
b: prescribing the practice in obtaining a grant of administration, and the procedure and practice of the court and the duties of the Registrar:
c: regulating the procedure and practice of the court with respect to non-contentious or common form probate business:
d: regulating the procedure and practice of the court with respect to contentious probate business:
e: regulating the practice and procedure of the court in relation to the resealing of probates or letters of administration under Part 2 High Court
f: prescribing orders of priority among applicants for administration which shall apply unless the court in special circumstances otherwise directs:
g: generally for carrying the provisions of this Act into effect. 1952 No 56 ss 37, 53 Section 59 amended 1 March 2017 section 183(b) Senior Courts Act 2016 Section 59(1)﻿(e) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Caveats
60: Caveat may be lodged
1: Any person may lodge with the Registrar a caveat against any application for administration at any time previous to the granting of administration, and every such caveat shall set forth the name of the person lodging it, and an address within New Zealand
2: Every such caveat shall, unless application for administration is sooner made, lapse upon the expiration of 1 year from the date of the lodging of the caveat.
3: Any such caveat may be withdrawn by the caveator at any time by notice in writing lodged with the Registrar. A copy of every such notice shall be served on any person who has applied for administration or to whom an order nisi, under the provisions of section 61
3A: Where any such caveat has lapsed or has been withdrawn, the court may, on the application of the administrator of the estate and after giving the caveator a reasonable opportunity to be heard, make an order for the payment of costs by the caveator.
4: Nothing in this section shall prevent any person who has lodged a caveat from lodging a subsequent caveat, whether or not any caveat previously lodged has lapsed or been withdrawn. 1952 No 56 s 38; 1965 No 43 s 2 Section 60(1) amended 1 April 1973 section 18(3) Judicature Amendment Act 1972 Section 60(3A) inserted 1 January 1980 section 6 Administration Amendment Act 1979
61: Where a caveat lodged, court may grant order nisi
In every case where a caveat has been lodged and has neither lapsed nor been withdrawn, the following provisions shall apply:
a: the court may, upon application on behalf of the person applying for administration, supported by affidavits upon which, if there had been no caveat, administration would have been granted, may make one or other of the following orders:
i: in any case where the court is satisfied that the caveat has been or may have been lodged vexatiously or frivolously, an order for the discharge of the caveat or for security for costs; or
ii: in any other case, an order nisi for the grant of administration to the person applying, which order nisi shall name a time and place for showing cause against the same, and the court may enlarge any such order from time to time:
aa: in any case where, pursuant to subparagraph (i) of paragraph (a), the court makes an order for the discharge of the caveat, it may also make an order—
i: for the payment of costs by the caveator:
ii: prohibiting the caveator from lodging a subsequent caveat:
b: every such order nisi, and every order enlarging the same, shall be served on the caveator by delivering a copy of the same at the address mentioned in his or her caveat:
c: if before the day named in the order nisi or the day to which the order is enlarged the caveat is withdrawn, the order nisi may be made absolute at any time thereafter:
d: in any case to which paragraph (c) does not apply, if on the day named in the order nisi, or on the day to which the order is enlarged, the caveator does not appear, the order nisi may be made absolute, upon an affidavit of service; but if the caveator appears, the hearing shall be conducted in the same manner as nearly as may be as in an ordinary action, and the court may order—
i: that the order nisi be made absolute or discharged; or
ii: that the application for administration be made in solemn form,— and any order made under subparagraph (i) or subparagraph (ii) may be with or without costs, as may be just, and, if the court so directs, those costs may be paid out of the estate:
e: at any hearing under paragraph (d),
f: in any case where a caveat is lodged by Public Trust 1952 No 56 s 39; 1965 No 43 s 3 Section 61(a) replaced 1 January 1980 section 7(1) Administration Amendment Act 1979 Section 61(aa) inserted 1 January 1980 section 7(1) Administration Amendment Act 1979 Section 61(e) amended 1 January 1980 section 7(2) Administration Amendment Act 1979 Section 61(f) amended 1 March 2002 section 170(1) Public Trust Act 2001 Miscellaneous provisions
62: Succession to, capacity of, and construction of wills of, married women and minors in certain cases
1: Notwithstanding anything to the contrary in this Act or in any other Act or in any rule of law, where any person to whom this section applies dies intestate in respect of any movable property in New Zealand, the succession to and distribution of that property shall be determined in all respects as if that person had died domiciled in New Zealand, and where any such person dies leaving a will made in New Zealand either before or after the passing of this Act, the validity and construction of that will as far as it affects movable property in New Zealand, and the capacity of that person to make the will affecting that property, shall be determined in all respects as if that person had been domiciled in New Zealand at the date of the will and had continued to be so domiciled until his or her death.
2: This section shall apply to the following persons:
a: every married woman who dies after 31 December 1948 and who would be domiciled in New Zealand at her death if she could retain and acquire a domicile distinct from that of her husband:
b: every minor who dies in New Zealand after 31 December 1948 and whose mother would be domiciled in New Zealand at the death of the minor or the mother, whichever first occurs, if the mother could retain and acquire a domicile distinct from that of her husband.
2A: This section shall not apply to any person who dies after the commencement of the Domicile Act 1976
3: The situation of any movable property shall be determined for the purposes of this section in the same manner as it would be determined for the purpose of the Estate and Gift Duties Act 1968 Estate Duty Repeal Act 1999
4: 1952 No 56 s 41 Section 62(2A) inserted 1 January 1981 section 14(1) Domicile Act 1976 Section 62(3) amended 24 May 1999 section 15(1) Estate Duty Repeal Act 1999 Section 62(4) repealed 24 May 1999 section 15(1) Estate Duty Repeal Act 1999
63: Administration not to be granted to companies other than trustee companies
1: No grant of probate of the will of any deceased person or letters of administration of the estate of a deceased person, either with or without a will annexed, shall be made to any company unless the company is expressly authorised by an Act of Parliament to apply for and obtain the grant.
2: For the purposes of this section a grant of probate or letters of administration to a syndic of a company shall be deemed to be a grant to that company; and where a power is granted to a company or to the directors of a company by will to nominate any person as executor of the will, a grant to a person so nominated shall be deemed to be a grant to the company.
3: Nothing in this section shall—
a: prevent the grant of probate of the will of any deceased person to any company or to a syndic of the company in any case where the company is appointed as executor of the will and the actual document providing for the appointment was made before 1 January 1963:
b: prevent the grant of probate of the will of any deceased person to any person nominated as executor of the will by a company or the directors of a company pursuant to a power granted by any testamentary instrument, if the actual document granting the power was made before 1 January 1963:
c: prevent the resealing in New Zealand of probate or letters of administration granted to a company in any other country:
d: affect any grant of probate or letters of administration subsisting at the date of the commencement of this section. 1960 No 100 s 4
64: Devolution of loan stock without administration
1: Where any person has died, whether before or after the commencement of this section, and at the time of his or her death the person was the registered holder of government stock of a nominal value not exceeding the prescribed amount the prescribed amount registrar of such stock
a: that the registered holder has died and administration of his or her estate has not been obtained in New Zealand; and
b: that he or she is either—
i: beneficially entitled to the stock under the will or on the intestacy of the deceased stockholder; or
ii: entitled to obtain in New Zealand administration of the estate of the deceased stockholder.
2: In this section,— government stock Part 6 local authorities stock
a: under Part 3 of the Local Authorities Loans Act 1956
b: by a local authority within the meaning of the Local Government Act 2002
c: before the commencement of section 2 Local Government Act 1974 1952 No 56 s 43A; 1964 No 24 s 3 Section 64(1) amended 3 June 1998 section 2 Administration Amendment Act 1998 Section 64(1) amended 26 July 1989 section 86(1) Public Finance Act 1989 Section 64(2) replaced 1 July 2003 section 262 Local Government Act 2002
64A: Vesting of shares or debentures without administration
1: This section applies to a company within the meaning of section 2(1)
2: In this section, value
3: Where the registered holder of shares or debentures dies, whether before or after the commencement of this Act, and the value of the shares or debentures does not exceed the prescribed amount
a: that he or she is entitled to be so registered under the will or intestacy of the deceased holder; or
b: that he or she is entitled to obtain probate of the will of the deceased holder or letters of administration of that person's estate; and
c: that in neither case has any grant of probate or letters of administration been made or resealed in New Zealand in respect of the deceased holder.
d: Section 64A inserted 1 July 1994 Administration Amendment Act 1993 Section 64A(1) replaced 5 December 2013 section 14 Companies Amendment Act 2013 Section 64A(3) amended 3 June 1998 section 3 Administration Amendment Act 1998 Section 64A(3)﻿(c) amended 24 May 1999 section 15(1) Estate Duty Repeal Act 1999 Section 64A(3)﻿(d) repealed 24 May 1999 section 15(1) Estate Duty Repeal Act 1999
65: Payment without administration
1: In this section,— bank person carrying on in New Zealand the business of banking Kāinga Ora–Homes and Communities Kāinga Ora–Homes and Communities Act 2019 local authority Local Government Act 2002 society Building Societies Act 1965 Industrial and Provident Societies Act 1908 or credit union registered, deemed to be registered, or incorporated Friendly Societies and Credit Unions Act 1982 trustees of a superannuation fund and includes the Government Superannuation Fund Authority
2: In the event of the death of any person to whom any sum of money not exceeding the prescribed amount Kāinga Ora–Homes and Communities the Accident Compensation Corporation the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018 Kāinga Ora–Homes and Communities the Accident Compensation Corporation the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018
a: the widow, widower, surviving civil union partner,
aa: a surviving de facto partner of the deceased person:
b: the persons beneficially entitled to the estate of the deceased person under the will or on the intestacy of that person:
c: any person appearing to be entitled to obtain administration of the estate of the deceased person in New Zealand:
d: any person related by blood or marriage or civil union
e: any person who has and is exercising the role of providing day-to-day care for provided that no payment shall be made to any person unless he or she applies for or consents to receive that payment.
3: It shall be lawful for the trustees of a superannuation fund, a society, a bank, an employer of the deceased person at or within 6 months before the date of his or her death, a local authority, a trustee corporation, Kāinga Ora–Homes and Communities the Accident Compensation Corporation the chief executive of the department for the time being responsible for the administration of the Social Security Act 2018
4: Where money is payable by a bank in the event of the death of any person and comprises money in a separate investment account under the National Savings Act 1940
5: Where, by virtue of a policy or policies of insurance within the meaning of the Life Insurance Act 1908 the prescribed amount
6: Any payment made in good faith pursuant to this section to a person to whom the maker of the payment has reasonable grounds to believe that payment may be made under this section shall be valid against all persons whomsoever, and the maker of the payment shall be absolutely discharged from all liability in respect of money paid by him or her under this section.
7: Every person to whom money is paid pursuant to this section shall be liable to apply the money in due course of administration, and the maker of the payment may, if he or she thinks fit, without being liable to see to the application of the money, require any such person to give sufficient undertakings, by bond or otherwise, that the money so paid will be so applied. 1952 No 56 s 43B; 1964 No 24 s 3 Section 65(1) bank replaced 22 May 1998 section 22(1) Private Savings Banks (Transfer of Undertakings) Act 1992 Section 65(1) Kāinga Ora–Homes and Communities inserted 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 65(1) local authority replaced 1 July 2003 section 262 Local Government Act 2002 Section 65(1) society amended 1 April 2019 section 55(2) Friendly Societies and Credit Unions (Regulatory Improvements) Amendment Act 2018 Section 65(1) society amended 1 April 1983 section 161(1) Friendly Societies and Credit Unions Act 1982 Section 65(1) trustees of a superannuation fund amended 2 October 2001 section 40 Government Superannuation Fund Amendment Act 2001 Section 65(1) trustees of a superannuation fund amended 1 October 1995 section 31 Government Superannuation Fund Amendment Act 1995 Section 65(2) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 65(2) amended 26 November 2018 section 459 Social Security Act 2018 Section 65(2) amended 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 65(2) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 65(2) amended 3 June 1998 section 4 Administration Amendment Act 1998 Section 65(2) amended 1 April 1983 Accident Compensation Act 1982 Section 65(2) amended 6 August 1976 Superannuation Schemes Act 1976 Section 65(2)﻿(a) amended 26 April 2005 section 6(1) Administration Amendment Act 2005 Section 65(2)﻿(aa) inserted 1 February 2002 section 7 Administration Amendment Act 2001 Section 65(2)﻿(d) amended 26 April 2005 section 6(2) Administration Amendment Act 2005 Section 65(2)﻿(e) amended 1 July 2005 section 151 Care of Children Act 2004 Section 65(3) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Section 65(3) amended 26 November 2018 section 459 Social Security Act 2018 Section 65(3) amended 1 April 2002 section 337(1) Accident Compensation Act 2001 Section 65(3) amended 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 65(3) amended 1 April 1983 Accident Compensation Act 1982 Section 65(3) amended 6 August 1976 Superannuation Schemes Act 1976 Section 65(5) amended 3 June 1998 section 4 Administration Amendment Act 1998
66: Saving
Nothing in section 65 1952 No 56 s 43B(8); 1964 No 24 s 3
67: Other Acts providing for payment without administration not affected
1: Nothing in this Act shall affect the powers of any person or body to make any payment to, or register any person to be, the owner of any property in accordance with any of the provisions of section 109 of the Shipping and Seamen Act 1952, section 167 section 41 section 52
2: Nothing in this Act , other than Part 1A Post Office Bank Limited 1952 No 56 s 43(3); 1964 No 24 ss 2 4(6) Section 67(1) amended 13 September 2014 section 249 Patents Act 2013 Section 67(1) amended 20 August 2003 section 201 Trade Marks Act 2002 Section 67(1) amended 1 July 1994 Administration Amendment Act 1993 Section 67(2) amended 1 April 1987 section 32(1) State-Owned Enterprises Act 1986 Section 67(2) amended 11 June 1985 Administration Amendment Act 1985
68: Bondsmen and sureties deemed to be trustees
Every person who, in the capacity of bondsman or surety for another, receives money or other property belonging to the estate of any deceased person shall be deemed to be a trustee within the meaning of the Trusts Act 2019 1952 No 56 s 44 Section 68 amended 30 January 2021 section 161 Trusts Act 2019
1A: Nominations of accounts
Part 1A inserted 11 December 1982 Administration Amendment Act 1982
68A: Interpretation
In this Part, unless the context otherwise requires, the term nomination Section 68A inserted 11 December 1982 Administration Amendment Act 1982
68B: Application of Part
1: Except as provided in subsections (2) and (2A)
2: This Part does not apply to any nomination made before the commencement of this Part if the nominator died before that commencement.
2A: The revocation, before the date of commencement of this Part, of a testamentary disposition shall not affect a nomination made before the date of that revocation; but if a testamentary disposition revoked before the date of commencement of this Part is revived or republished on or after that date of commencement, this Part shall apply in respect of any revocation of a testamentary disposition contained in the revived or republished testamentary disposition.
3: In the event of any conflict between any provision of this Part and any provision of any enactment under which any nomination is made, the provision of this Part shall prevail. Section 68B inserted 11 December 1982 Administration Amendment Act 1982 Section 68B(1) amended 11 June 1985 Administration Amendment Act 1985 Section 68B(2A) inserted 11 June 1985 Administration Amendment Act 1985
68C: Effect of nominations
1: No nomination, or nominations in the aggregate, shall have effect in respect of any sum in excess of $6,000 in any account.
2: Subject to subsection (3), every nomination shall have effect as if it were a specific legacy bequeathed by will.
3: All money in any account that is subject to a nomination at the death of the nominator shall, notwithstanding the nomination, form part of his or her estate, and shall devolve and be subject to all claims against that estate, whether arising under any enactment or contract or otherwise, in the same manner and to the same extent as if it were a specific legacy bequeathed by will.
4: Notwithstanding section 24 Section 68C inserted 11 December 1982 Administration Amendment Act 1982 Section 68C(4) inserted 11 June 1985 Administration Amendment Act 1985
68D: Revocation of nomination
1: Any instrument of nomination may be revoked in any manner by which a will or codicil may be revoked.
2: Every instrument of nomination shall be revoked by operation of law in any circumstances in which it would be so revoked if it were a will or codicil.
3: Without limiting subsection (1) or subsection (2),—
a: every general revocation by a nominator of all former testamentary dispositions shall be deemed to include the revocation of the nomination, unless the nomination is expressly preserved:
b: every general testamentary disposition of the nominator's whole estate, or of the whole of his or her residuary estate, made subsequent to the nomination shall be deemed to revoke the nomination, unless the nomination is expressly preserved. Section 68D inserted 11 December 1982 Administration Amendment Act 1982
2: Administration granted out of New Zealand
69: Interpretation
For the purposes of this Part,— probate or letters of administration the filing in or the issuing out of any court of any instrument which operates to make any person an administrator as aforesaid shall be deemed to be equivalent to the granting of probate or letters of administration by that court to that person. 1952 No 56 s 48
70: Estate of person dying abroad not to vest without administration obtained in New Zealand
1: Estate in New Zealand belonging to any person who dies abroad shall not vest in any person under any bequest or devise, or under an intestacy, or by inheritance, until administration of that estate is obtained in New Zealand; or, if probate or letters of administration of the estate have been granted in any place out of New Zealand, unless the probate or letters of administration are resealed in New Zealand as hereinafter provided.
2: Upon the estate in New Zealand becoming legally vested in accordance with the provisions of this section, the legal estate therein shall vest as from the time of the death of the person from whom it is obtained. 1952 No 56 s 49
71: Resealing of probate, etc
1: Where any probate or letters of administration granted—
a: by any competent court in any Commonwealth country (other than New Zealand) or in the Republic of Ireland; or
b: by any court of any Commonwealth country (other than New Zealand) which at the date of the grant has jurisdiction out of the Commonwealth in pursuance of an Order in Council, whether made under any Act or otherwise; or
c: by any competent court of any other country, being a country to which (at the date of the production for sealing under this section) this section is, by Order in Council, declared to apply— are produced to and a copy thereof deposited with any Registrar of the High Court High Court
2: Nothing in this section shall prevent the court from making an independent grant of administration in New Zealand.
3: An order under subsection (1)﻿(c) is secondary legislation ( see Part 3 1952 No 56 s 50 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 71(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 71(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
72: Seal not to be affixed till fees are paid and administration bond is entered into
The seal of the High Court section 71 High Court High Court High Court provided that the court may if it thinks fit dispense with the bond or reduce the amount of the penalty thereunder: provided also that where letters of administration are at any time granted to any Public Trustee or other like public official of any Commonwealth country (other than New Zealand) or of the Republic of Ireland or of any other country to which section 71 1952 No 56 s 51 Section 72 amended 1 April 1980 section 12 Judicature Amendment Act 1979
73: No probate, etc, granted out of New Zealand to be evidence unless resealed
Probate or letters of administration granted in any place out of New Zealand shall not be received in evidence of the title of any person to any estate in New Zealand until the probate or letters of administration are resealed in New Zealand as hereinbefore provided. 1952 No 56 s 52
74: Effect of sections 70 and 73
Nothing in sections 70 73 sections 64 65
3: Distribution of intestate estates
75: Application of this Part
This Part , except section 80 1952 No 56 s 54 Section 75 amended 1 January 1980 section 9(1) Administration Amendment Act 1979
76: Abolition of escheat
There shall be no escheat to the Crown for want of heirs or successors. 1952 No 56 s 55
77: Succession to real and personal estate on intestacy
If a person (the intestate The following table is medium in size and has 2 columns. Column 1 is headed Person or people intestate leaves. Column 2 is headed How estate to be distributed. Person or people intestate leaves How estate to be distributed 1 Husband , wife, civil union partner, Personal chattels (as defined in section 2(1) , wife, civil union partner, or surviving de facto partner Residue of the estate: • this stands charged with the payment to the husband , wife, civil union partner, or surviving de facto partner section 39 • anything that remains of the residue is held in trust for the husband , wife, civil union partner, or surviving de facto partner 2 Husband , wife, civil union partner, Personal chattels (as defined in section 2(1) , wife, civil union partner, or surviving de facto partner Residue of the estate: • this stands charged with the payment to the husband , wife, civil union partner, or surviving de facto partner section 39 • anything that remains of the residue is held in trust as follows: • a third for the husband , wife, civil union partner, or surviving de facto partner • two-thirds on the statutory trusts for the issue of the intestate 3 Husband , wife, civil union partner, Personal chattels (as defined in section 2(1) , wife, civil union partner, or surviving de facto partner Residue of the estate: • this stands charged with the payment to the husband , wife, civil union partner, or surviving de facto partner section 39 • anything that remains of the residue is held in trust as follows: • two-thirds for the husband , wife, civil union partner, or surviving de facto partner • a third for the father and mother in equal shares absolutely or, if the intestate leaves only one parent, for that parent absolutely 4 Issue but no husband , wife, civil union partner, All of the estate is held on the statutory trusts for the issue of the intestate 5 No husband , wife, civil union partner, All of the estate is held in trust in equal shares for the parents, but if the intestate leaves only one parent, for that parent 6 No husband , wife, civil union partner, All of the estate is held on the statutory trusts for the 1 or more brothers or sisters 7 No one who takes an absolutely vested interest under the trusts referred to in items 1 to 6, but one or both maternal or paternal grandparents, or 1 or more maternal or paternal uncles or aunts (whether of full or half blood) All of the estate is held in trust as follows: as to half: • in equal shares for the maternal grandparents, but if the intestate leaves only one such grandparent, for that grandparent; or • if the intestate leaves no maternal grandparent, then on the statutory trusts for the maternal uncles and aunts; or • if no maternal grandparent or maternal uncle or aunt takes an absolutely vested interest under those trusts, then on the trusts on which the other half of the estate must be held as to the other half: • in equal shares for the paternal grandparents, but if the intestate leaves only one such grandparent, for that grandparent; or • if the intestate leaves no paternal grandparent, then on the statutory trusts for the paternal uncles and aunts; or • if no paternal grandparent or paternal uncle or aunt takes an absolutely vested interest under those trusts, then on the trusts on which the first half of the estate must be held 8 No one who takes an absolute interest under items 1 to 7 All of the estate belongs to the Crown as bona vacantia • dependants (whether kindred or not) of the intestate; and • other persons for whom the intestate might reasonably have been expected to make provision. Section 77 replaced 1 February 2002 section 8 Administration Amendment Act 2001 Section 77 table item 1 amended 26 April 2005 section 7(1) Administration Amendment Act 2005 Section 77 table item 1 amended 26 April 2005 section 7(2) Administration Amendment Act 2005 Section 77 table item 1 amended 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 Section 77 table item 2 amended 26 April 2005 section 7(1) Administration Amendment Act 2005 Section 77 table item 2 amended 26 April 2005 section 7(2) Administration Amendment Act 2005 Section 77 table item 2 amended 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 Section 77 table item 3 amended 26 April 2005 section 7(1) Administration Amendment Act 2005 Section 77 table item 3 amended 26 April 2005 section 7(2) Administration Amendment Act 2005 Section 77 table item 3 amended 1 April 2005 section 139 Credit Contracts and Consumer Finance Act 2003 Section 77 table item 4 amended 26 April 2005 section 7(1) Administration Amendment Act 2005 Section 77 table item 5 amended 26 April 2005 section 7(1) Administration Amendment Act 2005 Section 77 table item 6 amended 26 April 2005 section 7(1) Administration Amendment Act 2005
77A: Effect on succession on intestacy of separation order
Nothing in section 77 section 26 Section 77A inserted 1 February 2002 section 8 Administration Amendment Act 2001
77B: Restrictions on succession on intestacy by certain de facto partners
1: This section applies to a surviving de facto partner if his or her de facto relationship with the intestate is a relationship of short duration as defined in section 2
2: If this section applies to a surviving de facto partner, the partner is not entitled under section 77
a: the court is satisfied—
i: that there is a child of the de facto relationship; or
ii: that the partner has made a substantial contribution to the de facto relationship; and
b: the court is satisfied that not being entitled to succeed on the intestacy would result in serious injustice to the partner.
3: In subsection (2), child of the de facto relationship contribution section 2 Section 77B inserted 1 February 2002 section 8 Administration Amendment Act 2001
77C: Succession on intestacy if intestate partner dies leaving husband, wife, or civil union partner and 1 or more de facto partners
1: This section applies if the intestate dies leaving—
a: 1 or more surviving de facto partners entitled to succeed on the intestacy, and a husband, wife, or civil union partner; or
b: 2 or more surviving de facto partners entitled to succeed on the intestacy.
2: If this section applies,—
a: the real or personal estate of the intestate to which section 77
b: the husband, wife, or civil union partner and each surviving de facto partner or, as the case requires, each of the surviving de facto partners, is entitled to an equal share of the estate that would, under section 77 Section 77C replaced 26 April 2005 section 8 Administration Amendment Act 2005
78: Statutory trusts in favour of issue and other classes of relatives of intestate
1: Where under this Act the estate of an intestate, or any part thereof, is directed to be held on the statutory trusts for the issue of the intestate, the same shall be held upon the following trusts, namely:
a: in trust, in equal shares if more than 1, for all or any children or child of the intestate, living at the death of the intestate, who attain full age provided that if any person capable of taking under this paragraph (including this proviso) dies before taking an absolutely vested interest leaving any child or children who shall be living at the expiration of 21 years from the death of the intestate or who shall sooner attain full age
b: the statutory power of advancement, and the statutory provisions which relate to maintenance, education, and benefit, and the accumulation of surplus income, shall apply, and when a person becomes entitled to a vested share or interest under the statutory trusts, that person shall be entitled on attaining the age of 18 years
c: the administrator may permit any minor who has a vested or contingent interest in any personal chattels to have the use and enjoyment of the chattels in such manner and subject to such conditions (if any) as the administrator may consider reasonable, and without being liable to account for any consequential loss.
2: If the trusts in favour of the issue of the intestate fail by reason of no child or other issue attaining an absolutely vested interest—
a: the estate of the intestate and the income thereof and all statutory accumulations, if any, of the income thereof, or so much thereof as may not have been paid or applied under any power affecting the same, shall go, devolve, and be held under the provisions of this Act as if the intestate had died without leaving issue living at the death of the intestate:
b: references in this Act to the intestate leaving no issue leaving no issue who attain an absolutely vested interest
c: references in this Act to the intestate leaving issue leaving a child or other issue leaving issue who attain an absolutely vested interest
d: references in the table in section 77 no issue no issue who attain an absolutely vested interest
e: references in the table in section 77 issue issue who attain an absolutely vested interest
3: Where under this Act the estate of an intestate or any part thereof is directed to be held on the statutory trusts for any class of the relatives of the intestate, other than issue of the intestate, the same shall be held on trusts corresponding to the statutory trusts for the issue of the intestate as if those trusts were repeated with the substitution of references to the members or member of that class for references to the children or child of the intestate. 1952 No 56 s 57 Section 78(1)﻿(a) amended 30 January 2021 section 161 Trusts Act 2019 Section 78(1)﻿(a) proviso amended 30 January 2021 section 161 Trusts Act 2019 Section 78(1)﻿(b) amended 30 January 2021 section 161 Trusts Act 2019 Section 78(2)﻿(d) inserted 1 February 2002 section 9 Administration Amendment Act 2001 Section 78(2)﻿(e) inserted 1 February 2002 section 9 Administration Amendment Act 2001
79: Application to cases of partial intestacy
1: Where any person dies leaving a will effectively disposing of part of his or her estate, the provisions of this Part shall have effect in respect of the part of his or her estate not so disposed of, subject to the provisions of the will and of subsection (2).
2: Where the deceased leaves a husband , wife, civil union partner, or surviving de facto partner
a: the references in section 77 , wife, civil union partner, or surviving de facto partner
b: if the value of the beneficial interest exceeds the prescribed amount, section 77
3: References in the foregoing provisions of this section to a beneficial interest acquired under a will shall be construed—
a: as including a reference to a beneficial interest acquired by virtue of the exercise by the will of a general power of appointment, but not a special power of appointment:
b: as not including a reference to a beneficial interest in any personal chattels.
4: For the purposes of the foregoing provisions of this section the administrator may ascertain and fix the value of the said beneficial interest 1952 No 56 s 59; 1965 No 43 s 5 Section 79(2) replaced 3 June 1998 section 6 Administration Amendment Act 1998 Section 79(2) amended 26 April 2005 section 10 Administration Amendment Act 2005 Section 79(2) amended 1 February 2002 section 10 Administration Amendment Act 2001 Section 79(2)﻿(a) amended 26 April 2005 section 10 Administration Amendment Act 2005 Section 79(2)﻿(a) amended 1 February 2002 section 10 Administration Amendment Act 2001 Section 79(4) amended 30 January 2021 section 161 Trusts Act 2019
80: Construction of documents
1: References to any Statutes of Distribution in an instrument inter vivos to the provisions of this Part as they stand when the instrument is made or the will comes into operation as they stand when the instrument is made or the will comes into operation
2: Trusts declared in an instrument inter vivos Administration Amendment Act 1944
3: Trusts declared in an instrument inter vivos 1952 No 56 s 60 Section 80(1) amended 1 January 1980 section 9(2)﻿(a) Administration Amendment Act 1979 Section 80(1) amended 1 January 1980 section 9(2)﻿(b) Administration Amendment Act 1979
4: Miscellaneous provisions
81: Right of successor on intestacy to disclaim
1: Subject to the provisions of this section, where a successor has become entitled under this Act to an interest as a beneficiary in the whole or any part of the real and personal property which passes on the intestacy of any person,—
a: the successor may, by deed delivered to the intestate person's administrator, disclaim that interest if at the date of the disclaimer he or she has attained full age and is of sound mind:
b: the court may, by order, disclaim the interest on behalf of the successor or authorise the disclaimer of the interest by or on behalf of the successor if at the date of the disclaimer the successor has not attained full age or is not of sound mind.
2: No disclaimer under this section shall be valid unless—
a: the disclaimer is made by the successor in his or her lifetime; and
b: the disclaimer relates to the whole of the successor's interest as a beneficiary under this Act in the real and personal property which passes on the intestacy of the person, including property which any other person has disclaimed under this section; and
c: the disclaimer is made within 1 year after the date of the first grant in New Zealand of administration in respect of the estate or will of the intestate person (whether that grant was made before or after the commencement of this Act) or within such extended period as may be allowed by the court.
3: No disclaimer under this section shall be valid if—
a: the successor has entered into enjoyment of the whole or any part of the interest to which he or she has become entitled as aforesaid; or
b: the successor has transferred, assigned, mortgaged, settled, or otherwise disposed of that interest or of any part thereof or of any property which would include that interest or any part thereof if it were not disclaimed, or has covenanted or agreed to do any such thing; or
c: there is any valuable consideration for the disclaimer; or
d: the disclaimer provides for any assignment of the disclaimed interest or in any manner provides who is to be entitled to that interest; or
e: the successor is bankrupt when the disclaimer is made.
4: The following provisions shall apply to every disclaimer under this section:
a: the disclaimer shall be irrevocable:
b: the disclaimer shall not affect the right of the successor to make any application to the court to which section 47
5: Where a disclaimer which complies with all the requirements of this section has been made by or on behalf of any successor and the disclaimer is not void and does not become void by reason of its being deemed under section 82
a: the property which passes on the intestacy of the person shall be distributed
b: the successor shall be deemed for all purposes neither to have become entitled to nor to have disposed of the disclaimed interest or any part thereof.
6: Nothing in this section shall affect any right which any successor may have to disclaim any property apart from this section.
7: Every disclaimer under this section shall be deemed to be made at the first point of time when everything has been done in respect of the disclaimer which is necessary to comply with the requirements of this section and of any order of the court which relates to the disclaimer and is made under this section. 1952 No 56 s 62; 1954 No 51 s 48 Section 81(5)﻿(a) amended 24 May 1999 section 15(1) Estate Duty Repeal Act 1999
82: Effect of bankruptcy on disclaimer on intestacy or under a will and right of administrator to distribute
1: Where a successor disclaims the interest as a beneficiary to which he or she is entitled under this Act in any real or personal property which passes on the intestacy of any person, or disclaims any interest as a beneficiary in any real or personal property to which he or she is entitled under the will of a deceased person, then, for the purposes of the Insolvency Act 2006
a: the successor shall be deemed to have accepted the disclaimed interest; and
b: the disclaimer shall be deemed to be a transfer of the disclaimed interest by the successor to the person or persons who become entitled thereto in consequence of the disclaimer.
2: Where any such successor has disclaimed any such interest in any property and there is no possibility of the disclaimer being void or voidable otherwise than by reason of its being deemed to be a transfer of the disclaimed interest, the deceased person's administrator may distribute the disclaimed interest or any part of it as if there were no possibility of the disclaimer being or becoming void or voidable by reason of its being deemed to be a transfer of the disclaimed interest if, at the date of the distribution,—
a: the successor is not bankrupt; and
b: the administrator has no reason to believe that the successor is about to become bankrupt; and
c: the administrator has no reason to believe that the disclaimer is void or voidable or is about to become void or voidable by reason of its being deemed to be a transfer of the disclaimed interest.
3: No action shall lie against any such administrator by reason of his or her distributing any disclaimed interest as aforesaid or by reason of his or her having failed to make any inquiry as to whether the successor was about to become bankrupt or as to whether the disclaimer was void or voidable or about to become void or voidable by reason of its being deemed to be a transfer of the disclaimed interest; but nothing in this subsection or in subsection (2) shall affect any right which any person may have to follow and recover any property to which the disclaimer relates. 1952 No 56 s 63 Section 82(1) amended 3 December 2007 section 445 Insolvency Act 2006
82A: Regulations relating to prescribed amounts
1: The Governor-General may from time to time, by Order in Council, make regulations prescribing amounts that are required to be prescribed for the purposes of sections 64(1) 64A(3) 65(2) 77
2: If no regulations are made under subsection (1) in respect of—
a: section 64(1)
b: section 64A(3)
c: section 65(2)
d: section 65(5)
3: If no regulations are made under subsection (1) in respect of section 77
a: the prescribed amount for the purposes of that provision is $121,500; and
b: that amount applies to the estates of all persons dying on or after the commencement of this section, but does not apply to the estates of persons dying before that date.
4: Each time regulations are made under subsection (1) prescribing an amount for the purposes of section 77
5: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 82A inserted 3 June 1998 section 7 Administration Amendment Act 1998 Section 82A(1) amended 1 February 2002 section 11 Administration Amendment Act 2001 Section 82A(3) amended 1 February 2002 section 11 Administration Amendment Act 2001 Section 82A(4) amended 1 February 2002 section 11 Administration Amendment Act 2001 Section 82A(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
83: Consequential amendment
Amendment(s) incorporated in the Act(s)
84: Repeals and savings
1: The enactments specified in Schedule 3
2: The enactments specified in Schedule 4
3: The provisions of the Acts Interpretation Act 1924 relating to the repeal of Acts shall apply to the enactments specified in Schedule 4 Parliament of New Zealand
4: Without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal of section 3 of the Administration Amendment Act 1960 shall not affect the amendments made by that section.
5: Except as expressly provided in this Act, nothing in this Act shall affect the Maori Trustee Act 1953 Public Trust Act 2001 Trustee Companies Act 1967 Section 84(3) amended 1 January 1987 section 29(2) Constitution Act 1986 Section 84(5) amended 1 March 2002 section 170(1) Public Trust Act 2001