South Auckland Lawyer For Making a Will and Executing an Estate
Having a will allows people to specify how they want their possessions to be handled after they pass away. This is your estate and refers to all your assets and debts once you pass away. This article outlines how to write a will and how the estate will be handled. Note, this is not legal advice and you should seek assistance from a South Auckland lawyer for wills.
Reasons To See A South Auckland Lawyer For Wills
The Wills Act of 2007 bestows important rights on the maker of a will. However, since most of these powers aren’t relevant to wills established before November 1, 2007, you’ll need to redo your will if you want to get the benefit of them, even if you don’t want to alter how your estate is divided.
Is it possible to avoid legal issues after my death if I leave a will?
It is still possible to have legal issues even with a will. However, having a will offers you more control over your property’s fate than dying without one. Some laws (such as the Property (Relationships) Act, the Family Protection Act, and the Law Reform (Testamentary Promises) Act) give people the right to contest a will. To reduce the possibilities of your will being disputed, it is critical to seek legal assistance from a South Auckland lawyer for wills.
Who Can Make A Will?
Anyone below the age of 18 who is of sound mind or has been married, in a civil union or in a de facto relationship.
They have to demonstrate to the Family Court that they know the implications of making a will.
They are members of the New Zealand Armed Forces and are serving in a war or peacekeeping mission.
What Can Go In A Will?
Any donations of body parts for study or medicinal purposes should follow these guidelines. These instructions should also be written down somewhere else, as a the reading of the will may be too late for a medical donation.
Signed at the bottom by the person making the will plus two eyewitnesses. All three must be present and watch each other sign the document, and
The High Court has the authority to declare your will legal even if it doesn’t meet all of the formal conditions (if there is only one witness for example). If the judge believes the document communicates your “testamentary intentions,” or what you want to happen to your property when you die.
Government Benefits and Pensions Payments
If the person who died was receiving a benefit, NZ Super, or a Veteran’s Pension, a family member or lawyer needs to contact Work and Income.
On the Work and Income website, you may learn more about amending benefit payments and bank account information:
Money and insurance
When someone dies, someone will need to make arrangements to receive the payment of any life or funeral insurance.
Contact their employer if they were still working. You can see if the deceased’s employer owes them any pay or superannuation. Sometimes there are insurance policies too.
Contact the deceased’s bank and request that their accounts be frozen until the probate is completed, or transfer any joint accounts to the surviving account holder.
Conclusion
The issue of having a will established is essential to anyone that owns any assets. However, it is vital that the will is written correctly to make sure the deceased’s wishes are met, and also to minimise any potential challenges to the will.
It is a good idea to contact a South Auckland lawyer for wills, like McVeagh Fleming in Manukau.