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Thread ID: 105244	2009-11-24 18:04:00	What happens if I die?	Cato (6936)	PC World Chat

Post ID	Timestamp	Content	User
833196	2009-11-24 18:04:00	What would happen if I died? Who would get my stuff? I have no "will" or anything similar. So how would everything be sorted? Who would get the house, cars, etc? If there is no living family who still live in NZ (none that I actually know in person, in any case), what would happen?	Cato (6936)
833197	2009-11-24 18:24:00	It's pretty obvious - make a will. Just write it out, get it witnessed and signed by two people. It only costs you a bit of paper and some ink.	Greg (193)
833198	2009-11-24 18:52:00	If a person dies without making a will, he or she is said to have died "intestate". Since there is no will, the deceased person’s property is distributed according to rules laid down in the ADMINISTRATION ACT 1969 How is the deceased’s estate distributed? The ADMINISTRATION ACT 1969 sets out the rules of intestacy, which state who will receive the property. Generally the property goes to family members, as follows - * If the deceased had a husband or wife or a civil union or de facto partner, but no surviving parents or direct descendants, the spouse or partner will get all of the estate. * If there is a spouse or partner and also direct descendants, the spouse or partner will receive all the personal chattels, the first $121,500 of the estate and a one-third share of the remaining property. The other two thirds go to the direct descendants. * If there is a spouse or partner, no direct descendants but surviving parents, the spouse or partner receives all the personal chattels, the first $121,500 of the estate and two thirds of the remaining property, with one third going to the surviving parents. * If there are direct descendants but no husband or wife or civil union or de facto partner, the estate goes to the direct descendants. * If the deceased did not have a surviving spouse or partner nor any direct descendants, the deceased's parents will receive the whole estate. * If there are no parents, the deceased's brothers and sisters or their direct descendants receive the estate. * If there are no brothers and sisters, nor any of their descendants, the estate is shared between grandparents or, if none, aunts and uncles. * If none of these parties exist, the Crown will receive the property. De facto partners were included in the above provisions on 1 February 2002, but only where the deceased died on or after that date. Further, some de facto partners are not included - see below. Civil union partners were included in the above provisions on 26 April 2005. --------------- What's a 'Legal' Will? A "valid" or "legal" Will is one that will be accepted by a court as authentic and can be put into effect by a grant of probate. To make a valid Will, you must be over the age of 18 and be of "testamentary capacity". That means, you must know what a Will is; realise what you are giving away; are doing so without being unduly influenced by others; and be aware that law expects you to make adequate provision for your spouse and children, including ex-nuptial children. If you believe that your testamentary capacity might be called into question, you should either obtain evidence of your capacity in the form of a medical certificate from your doctor or health care professional, or ask your doctor to act as a witness to your Will. In addition a valid Will must be: In Writing Either handwritten, typed or printed. You can not make a valid Will by videoing or tape recording your wishes. Signed You should sign at the end of the Will and at the foot of each page and initial any alterations that you make. Dated Your Will must contain the date on which it has been written. Witnessed You need at least two adult persons (three adult persons in the State of Vermont) to witness your signing of the Will. Two of these witnesses (three in the State of Vermont) need to be present at the same time when you sign the Will, or you must acknowledge their presence both at the same time that you have signed your Will. The witnesses must sign your Will in your presence. All witnesses to a Will must be "competent". To ensure that the witness is competent you must make sure that none of the witnesses are beneficiaries or the spouses of beneficiaries of the Will. To ensure that your Will is not open to contest and is deemed by the courts as valid or legal, it is best you comply with the above formalities.	pctek (84)
833199	2009-11-24 21:40:00	"if" implies some uncertainty, maybe even that it will never happen.....I prefer the word when, much more definite :banana	Terry Porritt (14)
833200	2009-11-24 21:54:00	You are welcomed into the house of the Lord, He has even made up a bed for you. Though if you are a sinner you are banished to the pits of hell for eternal suffering. :illogical Seems a bit extreme but there you go, That's what happens.	Metla (12)
833201	2009-11-24 22:18:00	What happens if I die? You stop breathing.............................	Zippity (58)
833202	2009-11-24 22:48:00	What happens if I die? You stop breathing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and stop worrying about this stuff, ever again	seltsam (13470)
833203	2009-11-24 22:56:00	And everything goes black Ken	kenj (9738)
833204	2009-11-24 23:01:00	Consult the Public Trust. They do Wills for free.	Sweep (90)
833205	2009-11-24 23:10:00	...Well you see there's this light, and a tunnel ... and then the pearly gates ... ;)	Chilling_Silence (9)
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