What happens to jointly owned property when one owner dies?
  • Home
  • Questions
  • What happens to jointly owned property when one owner dies?

What happens to jointly owned property when one owner dies?

1 answer

Answer to the question

0
0
0

27.06.2026

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?

Site Administration 02.07.2026
reply date: 02.07.2026

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.

Похожие вопросы

Can I make changes to my will myself, or do I need a lawyer?

1 answer
06.09.2026
I want to update my will to add a grandchild as a beneficiary and change an executor. Can I just write the changes on the existing will, or do I need to start again with a lawyer's help? I want to make sure I am not missing anything important before I decide what to do.
0
0
0

What are the legal duties of an executor?

1 answer
14.09.2026
I have agreed to be the executor for a friend's estate. I want to do a good job, but I am worried about getting something wrong and being personally liable. What exactly is expected of me? Nobody has given me a straight answer and I want to understand where I actually stand.
0
0
0

How does a testamentary trust for a young child work?

1 answer
27.06.2026
I want to leave my estate to my two young children in my will, but I am concerned about them receiving a large amount of money at eighteen. Can I set up something that manages the inheritance until they are older?
0
0
0

Is a handwritten will valid in New Zealand?

1 answer
17.07.2026
My grandfather wrote a short note before he passed away, expressing how he wanted his belongings divided, but it was not witnessed and looks informal. Can this be treated as a valid will? I would like to know what steps I should take next to protect myself.
0
0
0

What happens if a family member dies without a will?

1 answer
02.08.2026
My father passed away recently and, as far as we know, he never made a will. We do not know what happens to his house, savings and belongings, or who is legally allowed to deal with his affairs. How does the law decide this?
0
0
0

Can a will be contested for lack of mental capacity?

1 answer
22.07.2026
My father made a new will only months before he passed, at a time when his memory was failing badly and he was heavily medicated. The new will strongly favours one sibling. Can this be challenged? I would appreciate some clarity on what the law actually requires here.
0
0
0

Can I be responsible for my deceased parent’s debts?

1 answer
03.08.2026
My mother passed away with some credit card debt and a small personal loan outstanding, and I am worried that as her child I might have to pay these debts personally. What is the legal position on inherited debt?
0
0
0
Show all