Making a Will is a plan that offers peace of mind for you and your family.

Our team of Whanganui legal specialists are passionate advocates for our community and are here to help your family prepared for anything.

As Craig likes to say, we offer “No-nonsense, legal advice you can rely on and a long term relationship of trust.”


Wills & Estates

Having a valid and up to date Will is essential to provide for those who you wish to benefit when you have passed away. We will help you to understand the process of making a valid Will to protect those who you love.

Executor
You need to appoint at least one executor under your will. The role of an executor is to carry out your wishes made under your will and to administer your estate. It is common for spouses/partners to be appointed as each other’s executor in the first instance (if applicable). If you are thinking of appointing just one executor then I recommend making provision for a successor executor should your first choice be unable to act

Guardianship
If you have a young child or children I recommend including a provision within your will to appoint a legal guardian to care for your child/children in the event that they are still minors when you die. You can have one or more persons appointed in this role and you can also express any wishes you may have in relation to how your child/children are cared for (eg. Where they live, what schooling you would like them to have, any religious beliefs you would like to be followed etc) or you can leave this at your guardian’s discretion. We can also add a ‘maintenance clause’ in your wills which allows the guardian to access funds held by your estate for expenses your guardian may incur in relation to caring for your child/children (such payments would be at the discretion of your executor).

Before we prepare your will there are many things to consider, all of which we will discuss with you further in person to tailor your Will to your own specific set of circumstances.

Assets/Liabilities
It is really helpful for us in advising you on your wills to know (roughly) what your estates would consist of and how your assets are owned. For eg. Do you have a family trust or a company, what assets are owned in your sole name or joint names. While I understand that your assets and liabilities will alter over time, providing a “snapshot” as at the time of drafting you will is helpful. Often an estate will consist of a house, vehicle(s), household chattels, money in bank account(s), Kiwisaver, life insurance etc.

Gift(s)
You may like to leave someone a specific gift under your will eg. Jewellery, cash gift, heirlooms etc. Alternatively, we can include a more general clause in your will whereby you gift your household chattels to each other in the first instance and following this you leave it to your executor to distribute in accordance with a list you have left with your will. That way the list can be changed from time to time without having to alter your will.

Residue
The balance of your estate (less any gifts) is called the residue. From this any debts, funeral and administration expenses are paid. The balance is then distributed in accordance with your wishes. It is important to understand that while you can choose how your estate is divided, you have, at law, an obligation to provide for your spouse and your child/children. It is usual for spouses to leave the balance of their residue to each other in the first instance and then to their child or children (and if more than one then to them equally). We can discuss this further when we chat.

Funeral arrangements You may wish to consider if you have any funeral arrangements or wishes for your body after you have died eg. Burial or cremation. You do not need to include these details in your will however it is often very useful to consider this as it provides your executor with guidance on what you would have wanted.


Anything else? That’s a lot to consider.

Have a think if there is anything else you would like to include in your Will and get in touch for a confidential chat with Stacey, Craig, or Megan.

 

Property & Commercial Team

Stacey Hyland
Office 06 281 3289
Email Stacey

Craig Smith
Office 06 345 3844
Mobile 027 549 0012
Email Craig

Megan Kennard
Office 06 281 3288
Email Megan


Please contact Crowley Waugh Barristers & Solicitors
on 06 345 3844 or by email at reception@crowleywaugh.co.nz