How do I challenge a Will?

You can apply to the Family Court when you think that a family member is not properly provided for from a deceased person’s estate or when you have not received what you were promised. It is important that you act promptly before the estate is distributed as there is only a six month period from the date of grant of probate during which a person may make a claim.

Why should I update my Will?

It is important that you review your Will on a regular basis as people’s circumstances change. This may be because of a change in family circumstances, you may acquire assets which you specifically wish to deal with, or your executors or guardians of your children may no longer be appropriate people to act in your estate.

What is a Living Will?

A Living Will records your wishes in regard to resuscitation, incapacitation and any other medical care. It is written in advance for if you ever became terminally ill. In the event that you are unable to recover, it will state that you don’t want any medical assistance to prolong your life. While these documents may be considered a record of your wishes they do not have any legal validity. Subject to Court Order, if the assets have been effectively transferred into a Family Trust they no longer belong to you and cannot as such be claimed by your life partner as Relationship Property and subject to splitting. This is a useful way of helping ensure that your assets are protected from claims by any future partners.

Why do I need an Enduring Power of Attorney?

There are two different types of Enduring Power of Attorney, a property attorney and a personal care and welfare attorney. You are only allowed one personal care and welfare attorney. You give consent for the attorney to make decisions for your welfare and property matters, on your behalf. You can elect an attorney to act when you are mentally able to or when you do not have mental capacity. If you don’t have an EPA this means your family may need to go to the Family Court to get welfare and property orders if you lose your mental capacity.

What is the difference between a Will and Power of Attorney?

Under the Property (Relationships) Act, property is usually divided equally. However, you may be entitled to more depending on your circumstances.

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Christchurch 8011

P O Box 13-339, Christchurch 8140

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03 379 1740

enquiry@wwl.co.nz

Wills & Estates

Tailored wills and estate planning services in Christchurch - Securing your legacy with expert legal advice

Our team of wills & estate planning lawyers help people in Christchurch and throughout New Zealand make their wills. Everyone’s circumstances and assets are different, so we give you personalised advice and support to help make certain your wishes are carried out. And we guide you to consider all aspects of your affairs: so nothing—or no one—is overlooked. We can help you with estate planning, including trusts, enduring powers of attorney, and succession planning.

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Wills & Estates FAQs

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Why should I have a will?

A Will will honour your wishes and distribute any of your belongings (known as your estate) when you die. If you die without a Will (known as intestate) the Administration Act 1969 specifies how your property will be distributed - usually to a surviving spouse/partner and immediate family in set proportions. This administration process is more expensive and takes longer if you don’t have a Will. A Will also prevents any other claims from other person, you would be surprised the types of claims that arise when you die. A Living Will is a document where if you are incapacitated this will give medical staff, your family and loved ones a clear indication to your family if you were unlikely to recover, or if you do recover if your quality of life would be adversely affected. However, you are a long time dead, and it is important that your death wishes are upheld. It is important to update your Will at least every five years and if you have any change to your circumstances

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Estate planning and administration

Estate planning is where you decide the process on how your estate will be distributed when you die and who would be in-charge of your estate if you ever became unable to make decisions for your estate. By having this process thought out in advance this ensures that your wishes are followed, and that your estate is distributed to the people you want. Another advantage by estate planning is that this will be cost effective as it can prevent any unwanted claims by persons with an interest. If you die and you either don't have a Will or an updated Will this will make the process more costly as more claims will mean more administration time. The extra expense will be charged to the estate. This is also a stressful time for family and friends, give them a peace of mind by having planned this process.

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Wills & Estate Planning FAQs

Got a question? Our team of experienced wills & estate lawyers based in Christchurch are here to help.

How do I challenge a Will?

You can apply to the Family Court when you think that a family member is not properly provided for from a deceased person’s estate or when you have not received what you were promised. It is important that you act promptly before the estate is distributed as there is only a six month period from the date of grant of probate during which a person may make a claim.
Why should I update my Will?

It is important that you review your Will on a regular basis as people’s circumstances change. This may be because of a change in family circumstances, you may acquire assets which you specifically wish to deal with, or your executors or guardians of your children may no longer be appropriate people to act in your estate.
What is a Living Will?

A Living Will records your wishes in regard to resuscitation, incapacitation and any other medical care. It is written in advance for if you ever became terminally ill. In the event that you are unable to recover, it will state that you don’t want any medical assistance to prolong your life. While these documents may be considered a record of your wishes they do not have any legal validity. Subject to Court Order, if the assets have been effectively transferred into a Family Trust they no longer belong to you and cannot as such be claimed by your life partner as Relationship Property and subject to splitting. This is a useful way of helping ensure that your assets are protected from claims by any future partners.
Why do I need an Enduring Power of Attorney?

There are two different types of Enduring Power of Attorney, a property attorney and a personal care and welfare attorney. You are only allowed one personal care and welfare attorney. You give consent for the attorney to make decisions for your welfare and property matters, on your behalf. You can elect an attorney to act when you are mentally able to or when you do not have mental capacity. If you don’t have an EPA this means your family may need to go to the Family Court to get welfare and property orders if you lose your mental capacity.
What is the difference between a Will and Power of Attorney?

Under the Property (Relationships) Act, property is usually divided equally. However, you may be entitled to more depending on your circumstances.