disposing of prop on death - intestate succession

Question 1

what is intesancy

Answer 1

“Intestacy” refers to the condition of dying without a valid will or any will at all

Question 2

when soemone dies who is appointed

Answer 2

• executor, appointed by dead persons will

OTHERWISE

• administartor, appointed by the high court

Question 3

What does a executor (or administrator) do

Answer 3

they are responsible for dealing with the deceased estate, legal and beneficial owner of the estate and they owe fiduciary duties, not holding the property for their own benefit

Question 4

intestate succession if covered by whihc act and scetion

Answer 4

s77 of the adminstration act

Question 5

what is the priority of succession

Answer 5

1. surviving spouse
2. chilren and descendants
3. parents and close fam

Question 6

s77 administration act

Answer 6

personal chattels and capital sum of 155,000 goes to spoouse or de facto

the rest of estate is split up

Question 7

after the partner/spouse gets the first pay off how is the rest divided in 4 ways

Answer 7

1. if there is only the spouse they get it all
2. if there is spouse and issue, 1/3 spouse 2/3 split between issue
3. spouse and parents, 2/3 spouse 1/3 parents
4. only issue, all residue

Question 8

maori freehodl land is not

Answer 8

subject to the adminitration act it had ots own regime under the TTWMA 1993

Question 9

S109 te ture whenua act

Answer 9

maori freehold land cannot pass to the decased spouse it must remain within the bloodline and kin group

Question 10

S109AA te ture whenua act

Answer 10

THE Spous is entitled to occupy and benefit from a principle family home on MFL