Writing a will

Old Apr 10th 2008, 9:01 am
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Default Writing a will

Hi all,

Can anyone offer me any advice about writing a will in NZ?

Need to get this done as we now have a little fella, but don't want it cost the earth.

Can anyone offer a reasonable option that would be legal?!

Many thanks all,

Pete.
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Old Apr 10th 2008, 10:06 am
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Default Re: Writing a will

Hi,

In Australia, so don't know how relevant this would be, but..

We had to re-write our wills when we got here. We went to a solicitor, cost us AU$120 each for him to write exactly the same wills that we had in UK.

I have noticed that the Post Office here do will kits for AU$25, as POs did in UK. I suppose it's better than nothing at all, but we thought it worth the extra AU$95 each to have a solicitor do it.

Why don't you try calling a few solicitors near you to ask what they would charge? You can always write out exactly what you want and just ask them to type it up.

Our solicitor here has our original wills and we have copies. Our executors also have copies and the contact details for our solicitor.

(Thanks for the nudge, we need to update ours and keep forgetting!)

M
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Old Apr 10th 2008, 11:49 am
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Default Re: Writing a will

Prepare to spend about $400 for it.

Or buy a house, most lawyers include will prep for free when you buy a property.
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Old Apr 10th 2008, 9:34 pm
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Default Re: Writing a will

In situations like yours I can't commend Public Trust highly enough - Ph 0800 371 471 to get a copy of their free wills guide. They don’t charge anything to draw up the Will providing they will be the Executive and Trusteee of the Estate. To be honest, you may not want to go to them long term (it would depend on your circumstances) but they can provide honest and knowledgable advice.

www.publictrust.co.nz

Ok, that sounds a bit like an advert (and please don't delete me!) but their plain English Will making service won international awards years ago because they are very straight forward. Can’t hurt to get an objective opinion. And it is pretty funky seeing how they write the Will up with their little screens.

Like I said, it may not be the best for you long term but their skills and knowledge are very good
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Old Apr 11th 2008, 12:14 am
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Default Re: Writing a will

Originally Posted by Maz View Post
Prepare to spend about $400 for it.

Or buy a house, most lawyers include will prep for free when you buy a property.
Thats what we done,thought they forgot to bill us for the wills!!

Helen
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Old Apr 11th 2008, 8:45 pm
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Default Re: Writing a will

Hi everyone,

Many thanks for all your replies.

The public trust looks ideal at this moment for what we require and so we'll go down that road.

Thanks for your advice.

Have a great sunny weekend!!
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Old Apr 11th 2008, 9:01 pm
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Default Re: Writing a will

Most apects of wills are overridden by the NZ "family" law. You will not be able to leave your money other than to your wife/husband. You should take heed of this before you spend anything on a will in NZ, it is a complete waste of time, when the government have already decided where a dead person's money will go. The only thing that you will be able to make in the will are small chattels, you will not be able to leave money to anyone that you choose, it is all decided by the great NZ government.
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Old Apr 13th 2008, 9:45 pm
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Default Re: Writing a will

Brussell Sprout - i am sorry but i do have to disagree with that.

Having the capacity to choose whether your estate gets held on trust (as a life interest/life tenancy) or if your property is held as a joint tenancy or tenants in common OR distributed upon date of death is very important, particularly in an environment where Means Testing can be used to pay for things such as rest home fees and can effect a persons ability to access various social services.

I understand (i think) where you are coming from judging by your posts on this forum (though i freely admit i do not know the details) but to say that writing a Will in NZ is a complete waste of time and then referring to only being able to distribute small assets is incorrect and erroneous.
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Old Apr 14th 2008, 7:30 am
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Yes i read your mail, but all i know from experience is that you just cannot leave all your estate to WHOever you want in NZ, your estate will be given to your surviving spouse. In that case it is hardly worth making a will

Laws are nor made for the freedom of the citizen, they are made for the benefit of the government itself. The state want to keep tax payers money for what is really important : MPs' expenses, judges' pensions and the like.
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Old Apr 14th 2008, 9:18 pm
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Default Re: Writing a will

Originally Posted by brussels_sprout View Post
Yes i read your mail, but all i know from experience is that you just cannot leave all your estate to WHOever you want in NZ, your estate will be given to your surviving spouse. In that case it is hardly worth making a will

Laws are nor made for the freedom of the citizen, they are made for the benefit of the government itself. The state want to keep tax payers money for what is really important : MPs' expenses, judges' pensions and the like.
Sorry that is simply not true saying that it is hardly worth making a Will. However, i do concede that there is perhaps an element of truth regarding the distribution of assets to a spouse (though they are certainly not entitled to everything) but the fact is a will is a vital tool for Estate planning - both for the present (how you decide to title your house when you purchase it) and in the future (means testing, allocation of assets, gifting to family members before death, specifying carers for children, even holding money for children should the worst happen and they die before the parents).
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Old Apr 14th 2008, 9:37 pm
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Default Re: Writing a will

Quote from Family Law (Relationships) act :-

Your claim as surviving partner for a share of relationship property takes precedence over claims under inheritance law. This recognises that one spouse or partner should not be able to dispose of the other spouse or partner's share of relationship property in their will.



READ :-
(The state is ensuring that they do not have to pay out anything for the upkeep of the surviving partner).

Due the much lower life expectancy of men (yes WHY ? But that is another topic entirely), this act mainly benefits women.

Last edited by brussels_sprout; Apr 14th 2008 at 9:42 pm.
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Old Apr 14th 2008, 9:41 pm
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Default Re: Writing a will

Originally Posted by brussels_sprout View Post
Quote from Family Law (Relationships) act :-

Your claim as surviving partner for a share of relationship property takes precedence over claims under inheritance law. This recognises that one spouse or partner should not be able to dispose of the other spouse or partner's share of relationship property in their will.

(The state is ensuring that they do not have to pay out anything for the upkeep the surviving partner).
That is completely true - I don't disagree (though, again, smaller assets can and do frequently get provided to other beneficiaries). However, i disagreed with your comment that it is unnecessary to write a Will. It is certainly necessary.
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