What is the Administration Act 1969?

The Administration Act 1969 is currently the New Zealand law that regulates the administration of wills, estates and trusts for deceased people if they die without a will (i.e. intestate). This includes the distribution of assets to family members on a person’s death.  Administration of an estate involves settling any debts and distributing the estate to the beneficiaries named in the will.

Why is the Administration Act important?

The Act is important because it helps to ensure that the deceased's wishes are carried out, and it can help to avoid the costs and complications that can arise when someone dies without a will. 

The Administration Act 1969:

• Determines who can apply for Letters of Administration to administer an estate 
• Outlines how assets should be divided between family members 
• Allows the court to permit an executor to withdraw a renunciation of probate and prove the will 
• States that if the court grants administration with the will annexed, the will must be performed as if probate had been granted to an executor. 

Review of the Administration Act

Please be aware that at the time of writing this resource (2025) the provisions of succession law in Aotearoa New Zealand is under review by the Law Commission. This includes a review of several pieces of legislation, one of which is the Administration Act 1969.  This review was completed in 2021.

In it the Law Commission proposed rewriting the outdated rules in modern language, making them easier to understand, and more responsive to the diversity of Aotearoa New Zealand families and whānau.  The recommendations included changes to how intestate estates are distributed, potentially favouring surviving partners and reducing the need for complex court processes. 

Key aspects of the Law Commission's recommendations

• Modernisation and Clarity: The review aimed to update the language and structure of the Administration Act 1969 to make it more user-friendly and accessible to the public. 
• Focus on Surviving Partners: A major change proposed was to ensure that surviving partners inherited the entire estate if the deceased died without a will, rather than the estate being divided between the partner and children, as is currently the case. 
• Streamlined Intestacy Rules: The review aimed to simplify the process of distributing intestate estates, reducing the complexity and potential for disputes. 
• New Inheritance (Claims Against Estates) Act: The Law Commission proposed a new act to govern entitlements and claims against an estate, potentially replacing the current provisions in the Administration Act. 
• Emphasis on Dispute Resolution: The recommendations aimed to facilitate more efficient and effective dispute resolution, while still allowing for judicial discretion in complex cases. 

By simplifying the rules and clarifying the rights of individuals, the review aimed to reduce the potential for disputes and legal challenges. 

For more information, you can visit the Law Commission's website and review the report and government response. 

Background of the review

The review aims to address concerns about:

• Ambiguities and complexities in current laws governing wills and intestacy (when a person dies without leaving a valid will).
• Changes in social norms and family structures that may not be adequately reflected in current legislation.
• The need for clearer guidelines on the rights of beneficiaries and the responsibilities of executors.

The review and protection of people with disabilities

The review specifically addressed several issues regarding the rights and protections of disabled adults in the context of wills and estates. The discussion paper and public consultations focused on ensuring that the legal framework is inclusive and adequately supports the needs of individuals with disabilities. Below are the key themes and questions raised in the review concerning disabled adults:

Inclusion in Succession Planning

• Understanding Needs and Rights: The review looked at the importance of recognising the unique needs of disabled adults in succession planning.  It sought input on how to ensure that their rights are protected, particularly regarding inheritance and decision-making.
• Capacity to Make a Will: The review looked at how the legal definition of capacity applies to disabled adults, whether current laws adequately accounted for varying levels of capacity, and how they affected the ability to make a valid will.

Protection of Vulnerable Beneficiaries

• Safeguards Against Undue Influence: The review examined the potential for undue influence, where individuals may exert pressure on disabled adults to change their wills or decisions regarding their estates. It sought feedback on how legal safeguards can be strengthened to protect vulnerable individuals from such situations.
• Access to Information and Resources: There was a focus on ensuring that disabled adults had access to information and resources that enabled them to understand their rights regarding wills and estates. This included considerations for those who might require assistance in understanding legal documents or processes.

Support for Decision-Making

• Assisted Decision-Making Framework: The review discussed the potential need for an assisted decision-making framework that provided support for disabled adults when making decisions about their estates.
• Role of Family and Caregivers: The review raised questions about the role of family members and caregivers in the decision-making process for disabled adults. It sought to understand how those relationships could be formalised and protected within the succession law framework to ensure that the best interests of disabled adults were prioritised.

For more detailed information, refer to the Law Commission’s discussion paper, recommendations, and ongoing updates regarding the review process.

Review of Succession Law: Rights to a person's property on death - April 2021

Review on Succession Law: Rights to a person's property - November 2021

Law Commission media release December 2021

Law Commission: Review of Succession Law

The government’s response

The New Zealand government generally accepted the Law Commission's recommendations to reform succession law, acknowledging the need for change to reflect modern relationships, families, and Te Ao Māori perspectives. The government agreed in principle that new legislation was needed to modernise the law related to property distribution upon death, including replacing existing legislation with a new Inheritance (Claims Against Estates) Act. 

The Law Commission's recommendations included allowing the use of oral wills (ōhākī), repealing the rule that a marriage revokes a will, widening the court's power over trusts, and introducing Family Income Sharing Arrangements (FISAs). However, the government indicated it would would likely take several years to work through the policy details and implement the reforms.