Personal wills

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Old Apr 27th 2019, 5:32 am
  #16  
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Default Re: Personal wills

Originally Posted by Holwell
Does a UK will have any force once you move permanently to NZ? We will be moving to farm and so bringing significant assets. We have UK wills at present and will have family left in the UK.
You will have to make sure they meet NZ law, from my understanding you have to have guardians for any children here in NZ so if you do not have family over here you will have to make provisions for their care until family members can get here. It is also very hard to exclude children from a Will in NZ even if estranged.
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Old Apr 27th 2019, 5:43 am
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Default Re: Personal wills

Originally Posted by MrsFychan
It is also very hard to exclude children from a Will in NZ even if estranged.
Really? I find that interesting. Why or how?

Surely a will is as it states ' your will ' . Of course any will can be contested.

There was no question about family or otherwise when we made our NZ wills. Are you saying that somehow they may not hold true re. usual next of kin?


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Old Apr 27th 2019, 12:17 pm
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Default Re: Personal wills

Originally Posted by MrsFychan
You will have to make sure they meet NZ law, from my understanding you have to have guardians for any children here in NZ so if you do not have family over here you will have to make provisions for their care until family members can get here. It is also very hard to exclude children from a Will in NZ even if estranged.
Thanks. My daughter is 20 next month so that shouldn't be an issue for us. I'm just concerned whether extended family in the UK could challenge any will we make in NZ. Being farmers the assets could be significant which often brings out the worst in folk.
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Old Apr 28th 2019, 1:10 am
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Default Re: Personal wills

Originally Posted by Holwell

Thanks. My daughter is 20 next month so that shouldn't be an issue for us. I'm just concerned whether extended family in the UK could challenge any will we make in NZ. Being farmers the assets could be significant which often brings out the worst in folk.
Actually any amount of assets be they large or modest can bring out the very worst in immediate family, as both myself and my husband can attest to.

You will revoke your previous UK wills when you make your NZ wills. For completeness you can have copies sent to the UK solicitor that holds your original wills and ask them to confirm safe arrival & that the original wills have been (1) destroyed (2) returned to your keeping and you destroy them.

If you have extended family named as executors then it might be prudent to informally and also formally inform them of said changes once the new wills are in place.

We chose to have independent impartial executors named that are neither family nor friends.

As this is a farm I can quite see that family members may feel they have a claim in some way. There can be very bitter land disputes between family members when a farm is sold as there can be historical connections & the landowner of the time seen more as a custodian in a way rather than an outright owner.

Anyway. Make your new NZ wills a.s.a.p.. A will can always be contested of course but at least your will over those assets has been marked.

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Old Apr 28th 2019, 3:30 am
  #20  
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Default Re: Personal wills

Originally Posted by BEVS
Really? I find that interesting. Why or how?
Surely a will is as it states ' your will ' . Of course any will can be contested.
There was no question about family or otherwise when we made our NZ wills. Are you saying that somehow they may not hold true re. usual next of kin?
Re the children thing it was something I read on one of the Will Sites along with the Promise Act, which I do not believe is now legal in UK but it still in NZ. So if you say to someone you promise to leave then something in your will and do not, they can contest the Will.
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Old Apr 29th 2019, 12:32 pm
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Default Re: Personal wills

NOt necessarily gone in the UK. Look up "Proprietary Estoppel" claims
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