No Will and a Contracting Out Agreement: Who Gets What?

The Supreme Court answered this question in its 2026 decision in Rimmer v Wilton [2026] NZSC 122.

Mr Rimmer and Ms Wilton were de facto partners. In 2002, they signed a Contracting Out Agreement under section 21 of the Property (Relationships) Act 1976 that set out how their property would be divided if they separated, including separation by way of death.

Mr Rimmer died without a will in 2016.

Ms Wilton, as the surviving partner, claimed both the property provided to her by the Contracting Out Agreement and her share under the Administration Act’s intestacy rules. Mr Rimmer’s children from an earlier relationship opposed her claim.

Both the High Court and Court of Appeal found that Ms Wilton could receive both her entitlements under the Contracting Out Agreement and under the intestacy laws.

The Supreme Court overturned the decision of the earlier Courts. It found that the Contracting Out Agreement was intended to be a “full and final settlement” of the couple’s property rights on death. Ms Wilton therefore could not make any further claim against Mr Rimmer’s property under intestacy laws.

However, the Supreme Court agreed that the Contracting Out Agreement did not stop Mr Rimmer from providing Ms Wilton with any interests in his separate property by way of will.

The key points are:

1. The wording of a Contracting Out Agreement matters. A “full and final settlement of all claims” may mean that both partners give up rights they would otherwise have under other laws, including intestacy law.
2. A Contracting Out Agreement does not replace a will. You need both a Contracting Out Agreement and a will. A surviving partner may receive the property provided by the agreement and anything further left to them in the deceased partner’s will.
3. Relationship property agreements and succession planning should be considered together. When entering into a Contracting Out Agreement, make sure your will is up to date and reflects the agreement, including any life interests.

Our estate planning and relationship property team can help with your relationship property and estate planning needs.

This article is current as at the date of publication and is only intended to provide general comments about the law. Harkness Henry accepts no responsibility for reliance by any person or organisation on the content of the article. Please contact the author of the article if you require specific advice about how the law applies to you.