请教大律师，关于房产继承的事，谢谢！（已经回答）

qhxue

听朋友说，新西兰法律规定，如果夫妻同时有事，他们的共同财产按顺序先由夫妻的兄弟姐妹继承，父母和孩子都是次继承人，是这样吗？谢谢！

PhoneCareLtd

我只知道遗嘱优先...

AMICUS_LAW

一般来说如果有遗嘱的话根据遗嘱判断，由律师通过高等法庭来执行和分配。如果没有遗嘱的话，通过以下法律顺序分配。

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.

qhxue

谢谢您的回答，能否大致用中文说明一下，就是在夫妻都没有立遗嘱的情况下，是自动先给子女，还是给双方父母，还是给兄弟姐妹，非常感谢！

AMICUS_LAW

一般来说，如果过世，共同个人财务夫妻的另一方有全部所有权。

剩下的财物要根据，是否有父母，子女来一一判决。