26/01/2026
WHY IS IT IMPORTANT TO MAKE A WILL?
Cost! Dying without a Will is far more expensive than paying a lawyer to have your Will sorted.
All that is required to administer an estate of a person who died leaving a Will, is to apply to the High Court for probate of the Will. Dying without a Will involves an application for intestacy, which is more complicated, takes much longer and is costly (money that could have gone to your loved ones).
Therefore, if you die suddenly, one of the worst problems you can leave behind for your loved ones, is to die without a Will.
If you die without a Will, the Administration Act specifies how your assets will be distributed, and this may not be what you would have wanted.
Most people do not know that if you don’t have a Will, all of your assets won’t go to your partner/spouse. Instead, your partner/spouse will receive the first $155k + 1/3 of your estate and your children will receive 2/3.
This is particularly important for blended families. If your asset pool is modest, your children from the first marriage/relationship, may be left with nothing. And, on the other hand, if your estate is large, your children may end up receiving more than your partner/spouse (which may not be what you intend).
If you die leaving no children but leaving parents, your partner/spouse takes $155k + 2/3, with your parents receiving the remaining 1/3. This often comes as a surprise to people!
If you die leaving no children and parents, your partner/spouse takes all of your estate.
Guardian
If you have minor children, it is extremely important that you nominate someone to be their guardian in the event that you and your partner/spouse die. If you don’t do that, you have no certainty over who will look after your young children and be involved in important decisions relating to their upbringing. You also want to avoid family fighting over this! Some family members may be disappointed that you did not choose them, but they will generally respect your decision (opposed to the Court appointing a guardian).
Separation when Married
Many people are not aware of the fact that if you are married and you have separated, your spouse still stands to inherit your assets/part thereof until the moment you have a marriage dissolution order (which takes 2 years to obtain).
The only way to avoid this is to update your Will (or make a Will if you don’t have one) as soon as you separate from your spouse.
Trusts and Wills
A lot of people who have a trust believe that they don’t need a Will because their assets are owned by a trust. This might be true for the family home and potentially certain additional assets, but some (inevitably) will still be in your name - for example, KiwiSaver, personal bank accounts, vehicles, valuable jewelry, etc.
It is therefore still important to have a Will even if some of your assets are owned by a trust.
I have a Will, but it is very old; do I need to update it?
It is important to review your Will regularly and we suggest every five years or particularly when circumstances may change, for instance if you marry, enter into a civil union or de facto relationship, or your relationship ends. If you have a Will and then marry or enter into a civil union, without providing for such contemplation in your Will, your previous Will will be automatically revoked.
This does not apply in the event of a commencement of a de facto relationship.
A review may also be required if you wish to make specific provision for a person or remove an entitlement to a beneficiary you may consider no longer needs financial assistance over another beneficiary who may require assistance.
Why is it important to get a lawyer or legal executive to draft your Will?
This is important to ensure legal validity; it prevents future disputes and accurately reflects your intentions, avoiding costly errors common in DIY kits. We handle complex assets, tax implications, and strict ex*****on rules, protecting your beneficiaries from invalid, ambiguous or contested Wills.
Our Fees are on our website and start from only $180 plus GST for a single person for a basic Will:
https://www.lanilaw.co.nz/fees/
If you would like us to draft or update your Will, please email [email protected] to request and complete a questionnaire and return the same to us. We can then make a start and take things from there.
You should not be restricted by the questions – this is really a checklist to remind you of information that may be required for your Will.
If you have other special requirements, please make a note of them on the form and we will contact you (if necessary) to clarify the situation before preparing a draft for approval.
Here is some basic information:
If you are single:
You will need to appoint a Trustee/Trustees and an Executor/Executors to take over responsibility for administering your Estate and to sell your assets, pay the funeral account and any other outstanding debts, and to distribute your Estate in accordance with your wishes.
If you have a child or children of a previous marriage or partnership under the age of 18 you will need to appoint replacement Guardians.
You will need to name Beneficiaries – these are the people or organizations who will receive legacies – either money or gifts of items, and Residuary Beneficiaries who will receive the balance of your estate after payment of all debts, funeral and other expenses.
Wills for spouses or partners:
You will probably want to make your Wills together. You should discuss all the issues you can think about and agree between you how they are going to be dealt with.
Often spouses and partners will leave everything to each other in the event that one of them dies and the survivor will be their sole Trustee and Executor. The question then arises as to what will happen in the event that you both die at the same time. In this event you need to appoint replacement Executors and Trustees and if there are children of the marriage or partnership under the age of 18, you need to appoint Guardians to take care of your children.
You will both need to decide who will be the Beneficiaries of your Estates and these people need to be clearly defined.
