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A Will is a legal document which is formed by you and dictates the distribution of your estate after you pass away. It can also express your
wishes for what happens to your body after you pass away, and who will look after any dependents you have. The aim of a Will is to follow
your wishes after you pass away rather than have your belongings redistributed without your input. The best way to write a Will is to see a
lawyer or Public Trust who can ensure the Will is legal and binding. Your Will
should be stored with your lawyer or trustee corporation, and you should have a copy. You should also tell your executors (the person/people
named in your will to carry out the terms of your Will) where your Will is held to make it easier for them to find when you pass away.
If you pass away and do not have a Will, your property and belongings are distributed according to the Administration Act 1969. This means
that you will not get a say in who gets what. The Act distributes percentages of your estate to family and partners based on relations
rather than the needs of your loved ones, which means they may not get what you wanted to give them. It can also be a lengthy and expensive
process to distribute your estate without a Will. The best way to take care of your loved ones and your estate is to write a Will outlining
your preferences.
Your Will should outline who you want to receive parts of your estate and how big those parts are. The size of your estate does not matter,
and you should include all your property and belongings that you know you would like to go to specific people, including jewellery, artwork,
furniture, property, cash payments, and pets. Your estate will first be used to pay off any debts that you owe before being distributed as
you request. You may also choose to leave a donation to a charity or organisation of your choice, called a bequest. Your Will can also
include details of how you would like your funeral to be carried out and how you want your body to be handled. You need to include who will
be the executor and trustee of your Will. This needs to be a person you trust as they will be responsible for overseeing that your wishes
are carried out and your estate is properly distributed. Executors and trustees can be the same person, or they can be different and share
the responsibility. Your executor and trustee can be a trusted person or a lawyer. You may choose to allocate funds from your estate to pay
for the executor and trustee to complete these tasks because it can be a lengthy and difficult job. You can read more about what to include
in your Will here.
Wills can be written independently by yourself, but there may be issues with this if it is not written clearly, if it is not witnessed
properly, or if there are other reasons it may be challenged by beneficiaries. Most people use a lawyer or Public Trust to write a Will. A
professionally written Will is less likely to be challenged and will be professionally managed to ensure the Will is legally valid. A small
fee may be charged for the work put into writing your Will, but this may save you large expenses after you pass. You can contact your lawyer
or Public Trust to discuss writing a Will.
Your Will should be updated after major life events or at regular intervals such as every five years. If you get married, enter a civil
union, enter a de facto relationship, get divorced, or end a relationship, you should review your Will to make sure your estate is going to
the people you want it to. Other circumstances where you should review your Will could include having children, a major change in the value
of your estate such as buying a house, or if any trustee or beneficiary dies. Wills should also be reviewed if the law changes; to make sure
it is still valid and whether it could likely be challenged under any of the new laws.
It is important to update your Will to make sure that it stays valid. Your Will may be invalidated if you enter or end a relationship
without updating it in your Will, if it is not signed or witnessed properly, if the writing is ambiguous or uncertain, or if an argument can
be made that you were influenced to dispose of your property in a certain way.
A Will may be contested if:
You can read about challenging a Will here.
Including a bequest to Age Concern Auckland in your Will is a powerful way to support the wellbeing of older people in your
community — now and into the future. Even a small gift can make a lasting difference by helping us provide vital services such as elder
abuse response, social connection programmes, and health promotion initiatives. You don’t need to be wealthy to leave a bequest; any
contribution is deeply appreciated and will be used to support older adults across Central, West, North, and South Auckland. If you’re
considering a bequest, we recommend speaking with your lawyer or trustee about the correct legal wording. You’re also welcome to contact
us for a confidential conversation about how your legacy can support older New Zealanders to age with dignity and connection.
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