Wills
Like anything in life planning for the future is crucial. Our Wills service allows you to do that right now and before it is too late. It is better to have your say now while you can and then you can determine your future and those valuables that you own.
Creating a Trust or a Will does planning and thinking about the future. The Whutupōro team are experienced in helping people achieve peace of mind by ensuring that everything they want for the future is well planned and documented.
Do you want peace of mind that your future is planned in the event something unfortunate to happen? Or are you happy for anyone and everyone to take a piece of your valuable items?
Don't delay, make an appointment to discuss your needs and have one prepared now.
Do you want peace of mind that your future is planned in the event something unfortunate to happen? Or are you happy for anyone and everyone to take a piece of your valuable items?
Don't delay, make an appointment to discuss your needs and have one prepared now.
Frequently Asked Questions
do i need a will and enduring power of attorney?
Every person over the age of 18 needs a will and an enduring power of attorney. This is absolutely crucial.
do i need TO KEEP MY WILL Updated?
It's a good idea to read your will and review it regularly (common advice is to check it at least every 5 years). It's particularly crucial to review your will if you have children, become a step-parent or your relationship status changes.
what happens if i don't have a will?
If something happens and you don’t have a will or an enduring power of attorney, decisions can’t be made until someone is chosen (usually by the courts) to do this. Not only that but there are other consequences especially from a financial point of view.
If you have no will the costs of administering your estate increase dramatically and any assets could be sold to pay the lawyers battling over your estate leaving nothing for any of your family.
Also the person chosen to make the decisions and the decisions that are made, may not be what you would have wanted. Do you really want to this to happen?
If you have no will the costs of administering your estate increase dramatically and any assets could be sold to pay the lawyers battling over your estate leaving nothing for any of your family.
Also the person chosen to make the decisions and the decisions that are made, may not be what you would have wanted. Do you really want to this to happen?
what makes a will valid?
To be considered valid, a will must be written by someone of sound mind who is not being coerced or unduly influenced. It also needs to be signed by the person making the will and dated and witnessed by at least two people who are not beneficiaries of the will or a spouse or relative of anyone named in the will. The will maker must sign in the presence of both witnesses and each witness must sign as a witness in the presence of the will maker and each other.
where should i store my will?
It's a good idea to keep your will or a copy of your will with other important documents, like your birth and marriage certificates or passport.
We will also keep a copy of your will in our online secure portal.
We will also keep a copy of your will in our online secure portal.
can a will be challenged or contested?
Yes, if there are doubts around the validity of the will, or other reasons including if a person you had a responsibility to provide for believes you haven't left them a fair share or haven’t made adequate provision for them.
do i need a will to nominate guardians for my children?
A testamentary guardian is the person you choose to care for your child. If one parent is still alive, a testamentary guardian can help look after their best interests. This might relate to education choices or helping your kids to stay in touch with family members. Testamentary guardians can also apply for full custody in the absence of a fit parent.
It is important to first talk with the person you are wanting to be the testamentary guardian to ensure they are willing, comfortable and accepting of the responsibility this holds.
A testamentary guardian (guardian named in a will) makes the 'big decisions' when the parents can't - for instance about the child's education and care. For day-to-day care of a child, the testamentary guardian may need to apply to the Court to become a legal guardian.
It is important to first talk with the person you are wanting to be the testamentary guardian to ensure they are willing, comfortable and accepting of the responsibility this holds.
A testamentary guardian (guardian named in a will) makes the 'big decisions' when the parents can't - for instance about the child's education and care. For day-to-day care of a child, the testamentary guardian may need to apply to the Court to become a legal guardian.
what if I own assets overseas and in new zealand?
It is possible for your will in New Zealand to deal with your overseas assets and liabilities, however, depending on the country the assets are held in and the value and the type of these assets, it may be best to have a Will in that country.
what's the difference between a living will and a last will?
The basic difference is that a last will is used to dispose of assets after death. A living will can be used to provide health care instructions in advance, such as whether or not life support is desired.
who can be my executor?
You can choose anyone to be your executor. The person doesn't have to be a lawyer: they can be a family member or friend. It's common for people to name a friend or relative and a professional as co-executors (they’ll administer the estate together).
There can be advantages in naming a legal expert as an executor because they can deal with legal matters. Probate (authorisation to administer your estate) will usually need to be obtained from the High Court. Your legal expert can also deal with the transfer of any property.
There can be advantages in naming a legal expert as an executor because they can deal with legal matters. Probate (authorisation to administer your estate) will usually need to be obtained from the High Court. Your legal expert can also deal with the transfer of any property.
can i attach other documents to my will?
Never physically attach anything to your will. The attachment may leave marks and the court may be concerned that these marks indicate there were other instructions forming part of the will (called a codicil).
What Happens If I Die With A Will |
Tax Implications of Dying With A Will |
Tax Implications of NO Will |