Wills Paraparaumu Waikanae Otaki

Wills

Your last Will and Testament is one of the most important documents you will ever sign. Your Will is your instructions as to who you want your hard earned property distributed to, after your death.

You have the ultimate choice as to the distribution of your property after your death but your Will must comply with the law for it to be valid. That is where we come in. We offer expert and experienced advice in the preparation of your Will so it achieves what you want while complying with your legal obligations to your family and to the requirements of the law as to preparation and signing.

Unlike Trust Companies or financial advisors we offer a personalised, expert, and experienced service in the preparation of your Will. We want to get to know you, your families and your personal and business arrangements. This allows us to offer the best advice to you when preparing your Will.

Our Role

We can:

Suggest how to most fairly provide for your families under the requirements of family protection legislation.
Advise you on suitable legal protections when you have separated from your spouse and entered into another relationship bringing two families together.
If a Family Trust is not suitable for you, advise you as to how you, as you get older, can protect up to one half of your assets from rest home subsidy legislation.
Ensure that the wording of your Will correctly reflects your wishes in a legal manner.
Ensure protection for grandchildren of your deceased child.
Create Trusts under your Will to ensure infant beneficiaries cannot inherit until they are mature enough to do so, while retaining to your Trustees and Executors, power to look after those infant beneficiaries until they become entitled to their inheritance.
Advise on suitable Executors and Trustees of your Will.
Advise on suitable charities if you have no surviving family.

Making a Will

Anyone over the age of 18 years (or younger if married, in a defacto relationship, or in a civil union) can make a Will and should do so. Remember - you never can tell when you are going to need your Will!
You should also be aware that when you marry, any Will you have made becomes invalid. You should therefore make a new Will if you marry. You can make a Will in contemplation of marriage and your Will will not be revoked on marriage. Special wording is required on which we can advise you.
Likewise you should make a new Will if you separate from your Spouse. If you do not do so your existing Will prevails up until the date you divorce (in the case of marriage).
These rules do not apply to defacto or civil union partners. It is therefore particularly important when entering or departing a defacto or civil union partnership that you make new Wills.

Not Making a Will

If you do not make a Will you die “intestate” which means you have no control over how your property is distributed; the distribution of your property is done for you under the Administration Act. This may not be how you wish your property to be distributed. If you have no family then, if you do not make a Will, your Estate will go to the Government.

Making Your Own Will

There is an old saying - “penny wise and pound foolish”. Your Will is one of most important documents you will ever sign. Why would you put all of your property at risk to save money by preparing your own Will. No! You should leave it to us the experts with the experience.

What You Should Think About

Who will be the Executor of your Will - the person or persons who carry out the wishes expressed in your Will. If you have a spouse or partner you can appoint them but if you both die together you need to provide for someone else to be your Executor.
If you have young children you should provide for a Guardian of your children in the event that the other parent of your children does not survive you.
You may wish to leave specific gifts of money or articles of personal property (such as jewellery, art or furniture) to specific people . You can provide in your Will that these articles are specified in a “last list” left with your Will. This allows for you to change the list from time to time without having to change your Will and incurring expense in doing so.
You may wish to direct that you are cremated or buried and you may wish to donate your organs for transplant.
You may not want your spouse/partner to inherit the capital of your Estate. You can leave them just the income or the right to occupy your half of any real estate for their life. This has benefits in protection from rest home subsidy consequences and also where there is a second marriage or relationship where two families are involved. Not providing for a “life tenancy” in the latter situation can have serious consequences if the surviving spouse/partner remarries, that marriage/partnership does not survive, and a property relationship claim arises against what was your property and meant for your children.
You need to contemplate where your Estate would go should you, your spouse/partner and your children are all killed. Where would your Estate go to then? Perhaps your respective parents but that may depend on their age and rest home requirements. Perhaps your Estate would go to your siblings or to charity?

What if I Have a Family Trust or Want to Establish a Family Trust?

The considerations for your Will are quite different if you have a Family Trust than if you do not have a Family Trust. Please talk to us about your Will and your Family Trust. See the information on Family Trusts on our website.

Property (Relationships) Act

Most people do not realise the far reaching effects of the Property (Relationship) Act which regulates what happens to property when a relationship breaks up. The Act not only applies during your lifetime but also on your death. The Act applies to all Wills whenever made.

If a spouse, defacto partner or civil union partner does not think they have been properly dealt with under your Will, they can elect within six months of your death to make a claim under the Property (Relationships) Act. You may need a “Contracting Out” agreemen under this Act. As this is a specialised area of the law we recommend our advice sooner than later!

Living Wills

This is an advanced directive that you wish to be medically treated in a particular way should you suffer an illness or accident. A “living Will” has no legal basis and is only an indication of your wishes regarding health treatment. A “living Will” is not an alternative to an Enduring Power of Attorney for Welfare. Please see the information on Powers of Attorney on our website.