Help the community and expand your practice! Find out how.
Already registered? Login here.
Question Details: The only asset my father left was a house which I now live in with my wife and five children. I am the eldest of four boys. He had arranged for the house to be divided into shares as follows: 50% to myself, with the remaining 50% divided between himself and my youngest brother. My brother has said that he is willing to gift me his share of the house, provided I don't sell it (to which I have agreed). How is my father's remaining share to be split between his four sons?
Filed under Wills/Estates | 1606 View(s)
Community Law Wellington & Hutt Valley
When a person dies without leaving a will, this is called an "intestacy" (or it is said that the person "died intestate"). When this happens, the court can appoint an administrator to administer the deceased’s estate. This means that the court will appoint someone to deal with any property or assets that the person who died has left.
When someone dies without a Will, there are certain rules under the Administration Act 1969 that govern who gets what property. Generally, priority is given to the spouse, then the children. Assuming that your father did not have a partner who survived him, his share in the house would usually be divided equally between his children. However, we cannot give you very detailed information about how the share in the house will be divided, because it will also depend on other factors - like whether he had any debts, for example, and exactly how the ownership of the house was written on the title.
It would probably be a good idea to get legal advice about this. If your father's name is on the title of the house, you will almost certainly need the help of a lawyer to take his name off the title (see this question someone else asked: lawspot.org.nz).
For more information about intestacy, click this link: www.communitylaw.org.nz
For more information about Administrators, go to this link: www.communitylaw.org.nz
To find a court near you, look here: www.justice.govt.nz.
Answered 20 Dec 2012. The IMPORTANT NOTICE below is part of this answer.
IMPORTANT NOTICE:
The answer provided above is intended for general informational purposes only and cannot be
considered a substitute for face-to-face legal advice. It should not be relied upon as the sole
basis for taking action in relation to a legal issue. Laws change frequently, and small
variations in the facts, or a fact not provided in the question, can often change a legal
outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or
publishers of the answer, for loss, damage or inconvenience arising in any way from the use of
this site. While each answer has been published by a lawyer with a practising certificate, that
person may not necessarily have experience in the particular area of law involved.
For more information about this website, please review our
Terms of Use.