We have had several enquiries recently relating to wills.
In some cases, where a person has died intestate or with an invalid will, challenges and conflict between beneficiaries has resulted.
To avoid these conflicts, it is a good idea to have a will and to keep it up-to-date.
Your will should include the following kinds of information:
- the name of the person or people you have appointed to manage the distribution of your belongings (your estate) – the executor and trustee (if applicable) of your will
- the name of the person or people you have appointed as guardians for your children (if you have any)
- instructions for how you want your money and other assets to be distributed to your partner, children, grandchildren, other family members, friends, charities etc (taking into consideration any relationship property agreement with your partner or spouse)
- the names of the people you would like to receive specific items in your possession.
- it should state that it revokes any other wills (in case you’ve made one previously). To be legally valid, your will needs to be in writing, witnessed by two people who are not beneficiaries of the will, signed by the witnesses, in your presence and signed by you (the will maker). There is nothing to stop you writing up your own will, by using a write-your-own-will kit purchased from a book retailer or by using an online wills service.
If your will is more complex, it might be wise to get help from a lawyer. In any case, it is worth spending a small amount to get a lawyer to check the validity of your will before getting it signed. For more information about wills, have a look at our CAB website, or contact a volunteer at one of our offices.
This Solutions Column has been compiled by Mary and is a regular Times editorial from the Pakuranga Citizens Advice Bureau.
Email enquiries.pakuranga@cab.org.nz or visit us at the Library Building, Pakuranga, Phone 576 8331 and at Botany Citizens Advice Bureau, rear Food Court Entrance, Botany Town Centre, Phone 271 5382 or 0800 367 222 for free, confidential and informative help.
