Creating a Will
Providing trusted legal advice for the Hawkes Bay & Napier for over 150 years.
A Will is the legal way to ensure that your wishes are respected when you’re gone. Your assets will be distributed as per your instructions.
You can look after your loved ones in your absence, support your favourite charities with gifts and bequests, and pass on any property and heirlooms to your family and friends. You can also record your funeral wishes and appoint legal guardians for your children if necessary.
One of the most important aspects of a Will is naming your executor and trustee. This is the person who you trust to apply to the High Court for probate, and to carry out your final wishes including collecting and distributing your assets, paying any debts, and dealing with any disputes.
One of our estate planning specialists can help you set up your Will
Writing a will
A well-written, up-to-date will and properly structured assets will allow you to ensure that your estate is managed in the manner you intend. In the absence of a will, the law determines where your assets go when you pass on. Contrary to common perception, your partner will not necessarily receive your entire estate if you die without a will. Unfortunately, while the default rules that apply if you leave no will are designed to be fair, they may not do justice to the wishes of the deceased perfectly. Peoples’ lives and relationships are increasingly complex, and modern wills tend to reflect that.
Wills allow you to protect your interests, and those of your family broadly, going beyond the distribution of your assets. For example, a will can be used to ensure that those who depend on you – pets or children – are cared for by the people, and in the manner of your choosing. Often, a will is used to appoint a new trustee of a family trust to replace the deceased.
What happens if I dont have a Will?
In legal terms, this is dying intestate. It’s much more complex than simply leaving everything to your next of kin. Without a Will, the law, through the Administration Act 1969 (along with other applicable legislation) decides how your estate is distributed.
If you have children, your spouse or partner will not automatically inherit all your assets. Under Section 77 of the Administration Act 1969, your estate would be divided between multiple entitled parties. This depends on whether you are married, in a relationship, have children, parents or other blood relatives.
Without a Will, people left behind may face lengthy legal delays, significant costs and stress while they wait for the Court to appoint an administrator to distribute your assets. This means that people who you might have excluded can benefit from some or all of your assets.
We recommend working with one of our legal team, who will ensure your Will is written properly as per your wishes, and legally covers all your bases. If you are on a tight budget and your requirements are simple, creating a Will can be very affordable.
Case Studies
See how we have helped our clients setup and review their trusts.
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