Wills

Making a Will

Did you ever look at your favourite piece of jewellery, your Maori land interests, your car or the family photos and wonder what will happen to them after you’re gone? Everything belonging to you becomes part of your estate once you die and will be distributed to your heirs. If you don’t make a will, your property will generally be distributed to your surviving partner and immediate family. But as you are the only person who knows exactly how you want it left, isn’t it time to make a will? And as the will can be revoked or changed any time before your death, there’s no need to be afraid to make a final decision.

Who can make a will

A will can be made by anyone who is of sound mind and at least 18 years old. It can also be made by persons aged between 16 and 18 if a judge or a public trustee approves, or if they are married, in a civil union or living with a de facto partner.

How to make a will

There are formalities for an effective will. It needs to be in writing, but not necessarily handwriting – print or photocopy is sufficient- and signed at the foot or end by the testator, i.e. the person who wants to hand down her or his property. The will can alternatively be signed by some other person, e.g. if the testator is disabled or too ill to write, but the testator must be present and directing it. making a will Most important is that any provisions underneath the signature are ineffective!

No special form or certain wording is required, but if you are not sure how to put exactly what you want, you should always ask for help, as the will has too important and far-reaching effects to risk lack of clarity. Lawyers, trustee corporations, community law centres and the Maori Legal Services are specialised and happy to help you with any question.

What can be put in the will

The will applies to all property belonging to the testator at the moment of death, even if it is obtained after the will was set up. In a will the property can be given to certain persons, but still social responsibilities especially towards close relatives are considered when the will is carried out. And if the testator is married, the surviving spouse can choose whether he wants to apply the testators will or equally divide the relationship property.

How can a will be altered

A will is generally revoked if the testator marries or he or she divorces, and this happens automatically irrespective of the testator’s intention. The will can be replaced by a later will, partly or as a whole, if the testator intends to revoke the former will. Besides that the will can be revoked by destroying it intentionally.

Maori land issues

Noteworthy is that owners of beneficial interest in Maori freehold land can leave that interest by will to children or even members of the hapu related to the land under the Maori Land Act 1993. Ask your local Community Law Centre or the Maori Legal Services for further details or help, not only on that issue, as arranging your heritage is probably one of the most important decision you can make.

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