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Jessica
Consultant
Chris The Lawyer, Expert
Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question
Chris The Lawyer, Expert
That is not easy to arrange. If your mother did not leave a will, the usual step to administer her estate would be to apply for a special form of administration which is called Letters of Administration under the Administration Act. Usually a member of her family would apply to the High Court to be appointed administrator of the estate. The Administration Act sets out the way in which an estate is distributed when there is no will, and normally it would pass to children in equal shares. You haven't mentioned whether your mother had other children. But a more difficult issue is that the whangai adoption is not legally recognised under the Administration Act, unless there was a formal adoption order. The way to get around this might be to bring a claim in the family court to say that the property was always promised to you, because there is a special law called the Law Reform Testamentary Promises Act. So there will need to be some careful arrangement to ensure that you can get the property. If your mother did have other children, they would need to consent to any arrangement.
Chris The Lawyer, Expert
You can probably get there with the property, but it will take a carefully drafted application. The fact that you have paid all of the debts and the outgoings on the house will be important, and since no one else has an interest, you could probably get there