房产问题 （已经回答）

Lilly35

Dear Lawyer
我想问一下关于房产的问题, 我们现在住的房子是写父母的名, 但跟银行贷款有我的名而且一直都是我一个在还款.  父母就只有我一个女,但没有做遗嘱.  如果她两老百年后, 在纽西兰的法律是不是归我所以? 我听朋友说如果父母没做遗嘱, 纽西兰政府会没收财产, 而且我父母在收退休金, 我很但心是不是真有这个法律.  我又不想对她们说立遗嘱, 她们不喜欢听不吉利的话.

I-FIX-4-U

不会真有这样的法例吧, 那就惨咯

手机维修

是的   新西兰好像也没有遗产税

kyleparadise

不会被没收。如果没有遗嘱，你是遗产合法继承人。
发送自我的iPhone天维网应用。

Lilly35

请求专业人员给些专业意见, 纽西兰有没有这样法例?  谢谢

chang824

没收  ........只有在 沒有 遗产合法继承人  的情況下..........才有可能

Lilly35

艾美斯大律师们, 怎么还没有答复我的问题 ?????

beck@

了解一下！！！！！！！！！！

Lilly35

为什么等了这么久艾美斯大律师还没答复, 知不知道给个答复也好, 你开这个法律专版不就是给人询问法律意见的吗?

AMICUS_LAW

为什么等了这么久艾美斯大律师还没答复, 知不知道给个答复也好, 你开这个法律专版不就是给人询问法律意见的吗?
Lilly35 发表于 2011-5-28 20:56

您好，因为业务比较繁忙，所以回答有些晚了，如果您比较着急的话可以和事务所直接预约联系的。

在这里回答一下您的问题：

新西兰的public trust 或者家庭律师会根据当事人死后会有遗嘱或者没有遗嘱来执行身后事。

在有遗嘱的情况下，遗产会根据遗嘱分配，新西兰是没有遗产税的（estate duty).

如果父母不愿意立遗嘱的话可以考虑家庭基金的。

在没有遗嘱的情况下，根据Administration Act 1969 来分配，请参考以下法律条文：


Succession to real and personal estate on intestacy

• If a person (the intestate) dies intestate as to any real or personal estate and leaves the other person or people referred to in column 1 of the following table, that estate must be distributed in the manner or held on the trusts set out in column 2 of that table opposite the reference to the other person or people:
  

  Person or people intestate leaves		How estate to be distributed
  1	Husband, wife, civil union partner, or surviving de facto partner, but no issue and no parents	Personal chattels
  		(as defined in section 2(1)):
  		the husband, wife, civil union partner, or surviving de facto partner takes these absolutely, except that any that are subject to a hire purchase agreement, are taken subject to the vendor's rights under that agreement
  		Residue of the estate:
  		•	this stands charged with the payment to the husband, wife, civil union partner, or surviving de facto partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39) on that amount from the date of the death until that amount is paid or appropriated
  		•	anything that remains of the residue is held in trust for the husband, wife, civil union partner, or surviving de facto partner absolutely
  2	Husband, wife, civil union partner, or surviving de facto partner, and issue	Personal chattels
  		(as defined in section 2(1)):
  				the husband, wife, civil union partner, or surviving de facto partner takes these absolutely, except that any that are subject to a hire purchase agreement, would have been such a hire purchase agreement, are taken subject to the vendor's rights under that agreement
  		Residue of the estate:
  		•		this stands charged with the payment to the husband, wife, civil union partner, or surviving de facto partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39) on that amount from the date of the death until that amount is paid or appropriated
  		•		anything that remains of the residue is held in trust as follows:
  			•	a third for the husband, wife, civil union partner, or surviving de facto partner absolutely; and
  			•	two-thirds on the statutory trusts for the issue of the intestate
  3	Husband, wife, civil union partner, or surviving de facto partner, no issue, but 1 or both parents	Personal chattels
  		(as defined in section 2(1)):
  			the husband, wife, civil union partner, or surviving de facto partner takes these absolutely, except that any that are subject to a hire purchase agreement, are taken subject to the vendor's rights under that agreement
  		Residue of the estate:
  		•	this stands charged with the payment to the husband, wife, civil union partner, or surviving de facto partner of the prescribed amount, plus interest (at the rate prescribed by or under section 39) on that amount from the date of the death until that amount is paid or appropriated
  		•	anything that remains of the residue is held in trust as follows:
  			•	two-thirds for the husband, wife, civil union partner, or surviving de facto partner absolutely; and
  			•	a third for the father and mother in equal shares absolutely or, if the intestate leaves only 1 parent, for that parent absolutely
  4	Issue but no husband, wife, civil union partner, or surviving de facto partner	All of the estate is held on the statutory trusts for the issue of the intestate
  5	No husband, wife, civil union partner, or surviving de facto partner, and no issue, but 1 or both parents	All of the estate is held in trust in equal shares for the parents, but if the intestate leaves only 1 parent, for that parent
  6	No husband, wife, civil union partner, or surviving de facto partner, no issue, and no parents, but 1 or more brothers or sisters (whether of full or half blood)	All of the estate is held on the statutory trusts for the 1 or more brothers or sisters
  7	No one who takes an absolutely vested interest under the trusts referred to in items 1 to 6, but 1 or both maternal or paternal grandparents, or 1 or more maternal or paternal uncles or aunts (whether of full or half blood)	All of the estate is held in trust as follows:
  		as to half:
  			•	in equal shares for the maternal grandparents, but if the intestate leaves only 1 such grandparent, for that grandparent; or
  			•	if the intestate leaves no maternal grandparent, then on the statutory trusts for the maternal uncles and aunts; or
  				if no maternal grandparent or maternal uncle or aunt takes an absolutely vested interest under those trusts, then on the trusts on which the other half of the estate must be held
  		as to the other half:
  			•	in equal shares for the paternal grandparents, but if the intestate leaves only 1 such grandparent, for that grandparent; or
  			•	if the intestate leaves no paternal grandparent, then on the statutory trusts for the paternal uncles and aunts; or
  			•	if no paternal grandparent or paternal uncle or aunt takes an absolutely vested interest under those trusts, then on the trusts on which the first half of the estate must be held
  8	No one who takes an absolute interest under items 1 to 7			All of the estate belongs to the Crown as bona vacantia, and the Crown may (without prejudice to any other powers), out of all or any part of the estate, provide for—
  			•	dependants (whether kindred or not) of the intestate; and
  			•	other persons for whom the intestate might reasonably have been expected to make provision.