Can I make changes to my will myself, or do I need a lawyer?
- 06.09.2026
My partner and I own our house as joint tenants, and I am wondering what happens to the property when one of us dies. Does it automatically pass to the survivor, or does it form part of the deceased’s estate?
If the property is held as joint tenants, the right of survivorship applies, meaning that on the death of one joint owner, their interest automatically passes to the surviving owner or owners, and the property does not form part of the deceased's estate or pass under their will. The surviving owner needs to provide the death certificate to Land Information New Zealand to have the title updated in their sole name. If, instead, the property is held as tenants in common, each owner holds a distinct, severable share, which does form part of their estate and passes according to their will or the intestacy rules. Check your certificate of title to see which form of ownership applies, since it is not always what people expect, and consider whether it still matches your wishes.
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