Administration Amendment Act 2001

Administration Amendment Act 2001

Public Act2001 No 6
Date of assent3 April 2001

Note

This Act is administered in the Ministry of Justice.


The Parliament of New Zealand enacts as follows:

1 Title
  • (1) This Act is the Administration Amendment Act 2001.

    (2) In this Act, the Administration Act 1969 is called the principal Act.

2 Commencement
  • This Act comes into force on 1 February 2002.

3 Application
  • The amendments to the principal Act in sections 4 to 11 apply only in respect of the estates of persons who die on or after 1 February 2002.

4 Interpretation
  • Section 2(1) of the principal Act is amended by inserting, in their appropriate alphabetical order, the following definitions:

    de facto relationship has the meaning given to it by section 2 of the Property (Relationships) Act 1976

    surviving de facto partner, in relation to a deceased person, means a person who was living in a de facto relationship with the deceased person at the date of his or her death.

5 Charges on property of deceased to be paid primarily out of the property charged
  • (1) Section 34(1) of the principal Act is amended by repealing the proviso.

    (2) Section 34 of the principal Act is amended by inserting, after subsection (1), the following subsection:

    • (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 or wife, or to a surviving de facto partner of the person.

6 Protection of administrator against certain claims
  • Section 47(1) of the principal Act is amended by repealing paragraphs (ca) and (d), and substituting the following paragraph:

    • (d) under the Property (Relationships) Act 1976:.

7 Payment without administration
  • Section 65(2) of the principal Act is amended by inserting, after paragraph (a), the following paragraph:

    • (aa) a surviving de facto partner of the deceased person:.

8 New sections 77 to 77C substituted
  • The principal Act is amended by repealing section 77, and substituting the following sections:

    77 Succession to real and personal estate on intestacy
    • If a person (the intestate) dies intestate as to any real or personal estate and leaves the other person or people referred to in column 1 of the following table, that estate must be distributed in the manner or held on the trusts set out in column 2 of that table opposite the reference to the other person or people:

      Person or people intestate leavesHow estate to be distributed
      1Husband or wife or surviving de facto partner, but no issue and no parents

      Personal chattels

      (as defined in section 2(1)):

         the husband or wife or partner takes these absolutely, except that any that are subject to a hire purchase agreement (within the meaning of the Hire Purchase Act 1971) or to an agreement that, had it been made at retail, would have been such a hire purchase agreement, are taken subject to the vendor's rights under that agreement
        Residue of the estate:
         
      • this stands charged with the payment to the husband or wife or partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39) on that amount from the date of the death until that amount is paid or appropriated

      • anything that remains of the residue is held in trust for the husband or wife or partner absolutely

      2Husband or wife or surviving de facto partner, and issue

      Personal chattels

      (as defined in section 2(1)):

         the husband or wife or partner takes these absolutely, except that any that are subject to a hire purchase agreement (within the meaning of the Hire Purchase Act 1971) or to an agreement that, had it been made at retail, would have been such a hire purchase agreement, are taken subject to the vendor's rights under that agreement
        Residue of the estate:
        
      • this stands charged with the payment to the husband or wife or partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39) on that amount from the date of the death until that amount is paid or appropriated

      • anything that remains of the residue is held in trust as follows:

        • a third for the husband or wife or partner absolutely; and

        • two-thirds on the statutory trusts for the issue of the intestate

      3Husband or wife or surviving de facto partner, no issue, but 1 or both parents

      Personal chattels

      (as defined in section 2(1)):

         the husband or wife or partner takes these absolutely, except that any that are subject to a hire purchase agreement (within the meaning of the Hire Purchase Act 1971) or to an agreement that, had it been made at retail, would have been such a hire purchase agreement, are taken subject to the vendor's rights under that agreement
        Residue of the estate:
         
      • this stands charged with the payment to the husband or wife or partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39) on that amount from the date of the death until that amount is paid or appropriated

      • anything that remains of the residue is held in trust as follows:

        • two-thirds for the husband or wife or partner absolutely; and

        • a third for the father and mother in equal shares absolutely or, if the intestate leaves only 1 parent, for that parent absolutely

      4Issue but no husband or wife or surviving de facto partnerAll of the estate is held on the statutory trusts for the issue of the intestate
      5No husband or wife or surviving de facto partner, and no issue, but 1 or both parentsAll of the estate is held in trust in equal shares for the parents, but if the intestate leaves only 1 parent, for that parent
      6No husband or wife or surviving de facto partner, no issue, and no parents, but 1 or more brothers or sisters (whether of full or half blood)All of the estate is held on the statutory trusts for the 1 or more brothers or sisters
      7No one who takes an absolutely vested interest under the trusts referred to in items 1 to 6, but 1 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 1 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 1 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

      8No one who takes an absolute interest under items 1 to 7All of the estate belongs to the Crown as bona vacantia, and the Crown may (without prejudice to any other powers), out of all or any part of the estate, provide for—
         
      • dependants (whether kindred or not) of the intestate; and

      • other persons for whom the intestate might reasonably have been expected to make provision.

    77A Effect on succession on intestacy of separation order
    • Nothing in section 77 affects section 26 of the Family Proceedings Act 1980.

    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 of the Property (Relationships) Act 1976.

      (2) If this section applies to a surviving de facto partner, the partner is not entitled under section 77 to receive, or have held on trust for his or her benefit, any real or personal estate to which section 77 applies, and section 77 applies as if the partner were not a person left by the intestate, unless—

      • (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 and contribution have the same meanings as they have in section 2 of the Property (Relationships) Act 1976.

    77C Succession on intestacy if intestate dies leaving spouse and 1 or more de facto partners, or 2 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 or wife; 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 applies must be distributed or held on trust under that section as if the intestate died leaving (as well as issue, or parents, or other classes of relatives (if any)) only a husband or wife or, as the case requires, only 1 of the partners; but

      • (b) the spouse and each partner or, as the case requires, each of the partners, is entitled to an equal share of the estate that would, under section 77, be distributed to or held on trust for a husband or wife or, as the case requires, 1 surviving de facto partner.

9 Statutory trusts in favour of issue and other classes of relatives of intestate
  • Section 78(2) of the principal Act is amended by adding the following paragraphs:

    • (d) references in the table in section 77 to no issue must be construed as no issue who attain an absolutely vested interest:

    • (e) references in the table in section 77 to issue must be construed as issue who attain an absolutely vested interest.

10 Application to cases of partial intestacy
  • Section 79(2) of the principal Act is amended by inserting, after the word wife wherever it appears, the words or surviving de facto partner.

11 Regulations relating to prescribed amounts
  • Section 82A of the principal Act is amended by omitting from subsections (1), (3), and (4) the expression 77(1)(a), and substituting in each case the expression 77.

12 Consequential amendments to other enactments
  • (1) Section 37 of the Property Law Act 1952 is amended by inserting, after subsection (1), the following subsection:

    • (1A) If the instrument was executed before 1 February 2002, subsection (1) applies as if section 8 of the Administration Amendment Act 2001 had not been enacted.

    (2) Section 14 of the Trustee Act 1956 is amended by repealing subsection (6A), and substituting the following subsections:

    • (6A) Where a person dies intestate as to any personal chattels within the meaning of the Administration Act 1969 and leaves a husband or wife, or a surviving de facto partner (as defined in section 2(1) of that Act) entitled to succeed on the intestacy, the trustee of the intestate's estate must not, without the consent of the Court or of the husband or wife or partner, sell those chattels, unless a sale is required for purposes of administration owing to want of other assets.

    • (6AA) If there is more than 1 person whose consent would be required under subsection (6A), the consent of each of them is required.


Legislative history

27 March 2001Divided from the Property (Relationships) Amendment Bill (Bill 109-4A)
29 March 2001Third reading
3 April 2001Royal assent