If your partner dies, you have 2 options:
You must decide by:
Your decision must be in writing and must include a certificate signed by a lawyer saying that they’ve fully explained everything to you. This must be sent to the administrator or executor of the estate (or to your local High Court if administration of that estate has not been granted in New Zealand). You can’t change your mind once you have made your choice without asking the court to allow you to.
If you don’t make a choice, by default you’ll be given what has been left to you in the will or what you’re entitled to if there is no will.
As the surviving partner, you have first claim for a share of the relationship property. This means that a person can’t give away the other partner’s share of the relationship property in their will.
Couples can agree that these rules won’t apply to them if they die. To do this, you need to sign a contract (like a contracting out agreement or prenuptial agreement) that says what will happen when one of you dies.
Your application for a Relationship Property Order will be the same as for other relationship property applications, except that you’ll also have to say in your narrative affidavit:
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