Instruction Sheet For Your Will.

1. Your Details

Name
Address
New Zealand resident for tax purposes?
New Zealand citizen?

2. Marital Status

Are you currently?

3. Your husband, wife, civil union partner or de facto partner’s detail

Name
Existing matrimonial or relationship property agreement?
Existing property sharing or relationship property agreement?
Existing property sharing or relationship property agreement?
Do you have a former partner who you have any financial responsibility for?
Formal separation agreement or dissolution agreement?
If you are single or in a de facto relationship, are you intending to get married/enter a civil union in the near future?

If so, we can prepare your will “in contemplation of marriage/civil union”. If a will is entered into while you are not in a marriage/civil union, and you later get married/enter a civil union, the will is automatically revoked by your marriage/civil union unless it is entered into “in contemplation of marriage/civil union”.

4. Children

Do you have children?
Do you have any other biological children for whom you have a duty of care:
Do you wish to appoint guardians under your will for your infant children?

5. Executors and Trustees

Full name, address and occupation of person or persons you wish to appoint as executor(s) and trustee(s) (i.e. the person(s) who would administer and distribute your estate when you die). This can be a person you wish to benefit under your will, or some other independent person such as your solicitor, or a combination of these.

Alternative: If one or both of the persons named above cannot or will not act as an executor or dies before you:

Note: Executors and trustees can be different people though it is usually more convenient if they are the same. The executor deals with the administration of the estate. The trustee is deals with any long term requirements.

6. Trusts

Do you have any interest in a Trust?
Do you have any power to appoint beneficiaries or trustees of a trust or directors of a company under any trust, estate or other document which can be exercised under your will?

Note: We will need to see a copy of the document (e.g. trust deed) to ensure that this power can be passed on by Will.

7. Please list your present assets, with approximate values of each

This will help us determine whether any other advice is required on issues not previously raised.

Assets – (i.e. house(s); personal effects – personal and householdchattels, investments, life policies, superannuationplan, chattels, public and private company shares)

Note: Keep a note of all your passwords etc. for all digital accounts.  This will be held with your Will.

8. Do you have any debts owed to you (secured and unsecured).  Please list these debts and whether they are to be repaid or forgiven on your death (including any amount owed to you by a Trust – also known as gifting):

To be repaid on death

9. Please list any liabilities you may have (i.e. mortgages, chattel security, hire purchase)

Is the debt to be repaid before the asset is gifted
10. Do you own, or have any beneficial interest in, Māori Land?
11. Do you wish to make any specific gifts?

12. Do you wish to give to someone the use of your estate or part of it during his/her lifetime only?

If so, you also need to state in your will who will receive those assets when that person dies. If this applies, give the full name, address, occupation and date of birth of this person. Give details of the parts of your estate that are to be left on a life interest.

Does the lifetime beneficiary have the right to require the property sold and substituted for a more appropriate property under the same terms?

Note: A life interest usually includes the right to substitute the property for a more appropriate property. Thought needs to be given to (discuss with Harris Tate):

1. Whether this is limited to one change of property or multiple. Who is to pay the conveyancing costs – the estate or the survivor who wants to move.

2. Does the right to substitute include an occupation licence in a retirement home. In this case the eventual legacy received by the residual beneficiaries will be reduced by 25-30%.

3. Care needs to be taken if (for example) the executors and eventual beneficiaries are children of your first marriage and the lifetime beneficiary is a second wife/husband where there may be disagreement between the entities.

4. A life interest may affect the beneficiary’s eligibility for the Residential Care Subsidy.

13. Residuary

Who is to receive the balance of your estate after the debts and gifts have been paid and provision made for any life interest?

If a beneficiary dies before you, what would you like to happen to his/her share in the will?

You may simply wish for that beneficiary’s share to pass into the rest of your estate, to be received by the people recorded in the previous paragraph.  However, if you want that beneficiary’s share to pass to someone else, please list here the names, addresses, occupations, dates of birth and relationship with substitute beneficiary(s) required.

For example, if children die before you, gift to grandchildren?
If someone without children dies, gift to other recipients?

14. Do any of the following circumstances apply

Are you leaving any of your family out of your will?
Are you leaving your children (or any of them) unequal shares in your assets?*
Are you leaving your husband/wife/civil union partner or de facto partner less than a 50% share in property which the two of you own together, or which was acquired for the common use or benefit of you both?*

If yes, please indicate which and give details of:

– the family member(s) affected; and

– your reasons for doing so, as family left out or dealt with inadequately may be entitled to bring a claim before the court seeking a larger share.

Note: If there is an unequal division of property between beneficiaries or unusual terms, the will must include a narrative setting out the reasons for the gift, and an Acknowledgement is to be signed by the Willmaker. [A Director to be involved]

15. Executors

16. Body disposal

Do you have any wishes regarding burial or cremation?

17. Donate your body

Do you wish to donate your body or any part of it for medical research, organ transplant or otherwise for the benefit of medical science
At Family's Discretion

18. Leaving your property to anyone

Have you promised to leave anyone any of your property by will?

19. Previous will

Do you have an earlier will?

20. Do you have Enduring Powers of Attorney in relation to welfare and property in place?

Property
Personal care & welfare

Successor (Back-up) Attorney

Welfare Attorney