Will Information Pack

We invite you to complete the following instruction form for a Will. When we receive it we will contact you, and agree a price with you, before commencing any work.

Complete the relevant section of this form and we will work through any issues that arise.

 

Do you have an earlier will?


If so where is the original?

You will need to locate and destroy any earlier Will but generally it is wise to destroy the old Will only once you have properly signed your new Will in the presence of witnesses.

1. Your Details
2. Details of your wife or husband if applicable
2A. Details of de-facto partner /civil union partner if applicable
3. Executors

You need to choose one (or two) people to administer your estate. The executor that you appoint in your Will has to follow the instructions in your Will. Ideally the executor lives in New Zealand.

If you have a spouse or partner, and they survive you, do you want that person to be your executor?


(a) Executor/s

(b) Alternative Executor

(this is the person who will be your executor in the event that your spouse or partner or preferred executor does not survive you)

4. Children

You need to inform me if you have children by different relationships.

5. Guardian for infant children

It is prudent to appoint a guardian or guardians of children under 18. You might appoint one person or two. Or you could appoint one guardian to look after the children and one person as a trustee who would allow the release of funds to the guardian for the raising of the children.

Full names of guardian:


Full names of optional second guardian:


Trustee (optional):

6. List of assets

List your major assets and approximate value i.e. list real estate, shares, bonds or investments, superannuation, insurance policies, money in bank accounts, bonus bonds, cars/boats

7. Directions

Following your death, who do you want to share in your estate?

Best advice : Don’t make it too complicated

8. Family Trust

Usually property or funds held by a Family Trust is not part of your personal estate and is therefore not dealt with under your Will. However, it is very important that your Will includes a clause forgiving all debts owed to you by your Family Trust. We can discuss this.

You may want to leave everything to your family trust to be administered by the trustees. We can discuss this option with you.

(a) Do you have a Family Trust?


(b) You may wish to appoint a new trustee to replace you at death.


List any property owned by any Family Trust:


(d) Have you set out your instructions to co-trustees in a “Memorandum of Wishes” so that they will be directed on how to deal with the Trust’s property after your death? This is a separate document that we can draw up.
Do you require an updated memorandum of wishes?

9. Relationship Property Agreements

Do you have a Relationship Property Agreement (sometimes known as a Contracting Out Agreement, or Prenup or Section 21 Agreement)?

If you have an electronic copy of the agreement, please upload it here.

10. Estranged children

If you are leaving out of your will a child or person who might later contest your will and make a claim against your estate then you need to write out your reasons at length. We hold this with your will and you should keep a copy with your personal papers. If this is an issue then we will need to discuss this further.

11. Enduring Powers of Attorney

You may also wish to consider signing Enduring Powers of Attorney (EPOA). These are very useful in the unlikely event that you become incapacitated (for example a stroke can occur at any age) or ill or are overseas and needing someone to act for you. These EPOA documents can be for both property and important care/welfare decisions.

No one knows what the future holds and it can be very expensive for your family to obtain a court order to appoint a manager for your affairs. It is better that you provide for this now. For further information click on this link (“Enduring Powers of Attorney”)

Do you wish to discuss Enduring Powers of Attorney?


(We will send you a copy of this form)

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