Making a Will

A Will contains your instructions about what you want to do with your assets when you die. A Will is one of the most important documents you will ever sign. Making a valid Will can relieve financial and emotional burdens on your family after your death.

A valid Will can deal with all of your property and personal possessions, such as any jewellery, family heirlooms and other sentimental items you may own. A Will therefore allows you to decide what will go to whom.

Wills should always be reviewed when you marry or enter into a civil union or de facto relationship. You should revise your Will if a relationship ends through separation. If you marry, any Will made before marriage is automatically revoked (unless it was made in contemplation of that marriage. The dissolution of a civil union or the ending of a de facto relationship does not revoke gifts in a Will. If you do not want them to inherit, you must change your Will.

If you die without making a valid Will, the law determines how your property will be distributed – usually to a surviving spouse or partner and to your immediate family in proportions set by statute. Making a valid Will can avoid costly and stressful legal actions, since it gives you more control over the destination of your property than dying without a Will. There are now several major pieces of legislation in New Zealand which allow some people to challenge a Will. It is therefore important to get good legal advice in order to minimise the chances of your Will being challenged.

Although you choose what to say in a Will, the law specifies how you should say it. If you do not comply with the law there is a risk that your Will – or parts of it – may be invalid.

Authors: Alan Tate, Grant Harris, Michelle Bethell, Betty Crane, Lesley Monteiro, Glenice Ryan

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