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What Happens When You Don’t Have a Will?

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What Happens When You Don’t Have a Will?

Losing your partner would entail some devastating times but imagine hurdles appearing to administer your home loan adding to the stress. This happened to a client recently after her husband

Hamish Patel

Mortgages Online


31 July 2026

Losing your partner would entail some devastating times but imagine hurdles appearing to administer your home loan adding to the stress.

This happened to a client recently after her husband passed away. Because they hadn’t updated their affairs and didn’t have a will, she struggled to renegotiate the terms of her mortgage.

It took her almost a year just to get the legal right to administer all his affairs.

Why Does a Missing Will Cause So Much Chaos?

I recently caught up with Feifei, a lawyer who runs a firm with a couple of branches, and she explained exactly why this happens. In New Zealand, if you die without a will, the law steps in. A set formula under the Administration Act attempts to decipher who gets first right to handle the estate — and that takes time and costs money.

You might think it’s just a problem for married couples. But what if you’re on your own?

Even If You Are Single

I know a smart, single guy with a house who figures he doesn’t need a will yet. But if something happens to him, his parents — who aren’t originally from New Zealand and don’t know our legal system — will be left dealing with a massive legal headache. A simple legal document would save them a ton of hassle, money, and anxiety.

What About Trusts?

A lot of people think of trusts are purely for asset protection, but Feifei points out they’re also a crucial part of estate planning. Here’s what you get to control with a trust:

  • Clear beneficiaries: You can name exactly who has control and benefits.
  • Memorandum of wishes: You can lay out specific requests for your beneficiaries. (Though Feifei did warn me that my brilliant idea of making my sister complete a daily 30-minute exercise challenge to get her inheritance wouldn’t actually be legally binding.)

It’s a bit of a dry topic, but getting your wishes recorded early is a no-brainer. Unless you actually want a bit of drama and everyone fighting over things after you’re gone — get it sorted.

Written by Hamish Patel