This form is a valid New Zealand will if you fill it in clearly, date it, and sign it in New Zealand in front of two adult witnesses who are both present. It is unashamedly unconventional.
It is intended for people who have never quite got round to making a will and who think $250+ for a ‘lawyer’s will’ is more than they want to spend right now.
They may be a parent – wanting to appoint someone else to replace them as a legal guardian of their children if they die.
Usually they will not have complicated property. They may have Kiwisaver, and maybe a life insurance policy, and a home and car. Perhaps also some shares in Maori land. And a dog.
This will is easy to complete, and flexible enough to allow backup recipients, and different recipients for different items, and a testamentary guardian for the children. It includes the appointment of one or more executor/s – needed to carry out what the will says. You can name a charity as a beneficiary if you like (preferably include their charity registration number, but that’s not compulsory).
A valid will does not need legal jargon, or paragraphs, or indeed prose.
It does need to be in writing, dispose of your property when you die, and be properly signed and witnessed. (If not properly signed and witnessed, it can still be declared valid by the High Court.) And it must be clear, or there will be arguments and a waste of money in legal fees after you die.
You do not have to give anything to anyone in particular. Nothing is compulsory. A spouse, partner, or child may challenge the will under the Family Protection Act if you do not make reasonable provision for them, as too may a grandchild or parent in some circumstances. That does not mean you have to give them everything or share it equally. Someone else may challenge it under the Law Reform (Testamentary Promises) Act if you promised to leave them something in return for something they did for you, and you do not keep that promise.
Use a lawyer if your property is complicated, or if you need help to decide how best to arrange matters. If you decide to leave someone out or do something unusual, using a lawyer can reduce the risk of legal challenge.
If you don’t use a lawyer, keep it simple and do not try to write like a lawyer.
That’s what this form is for – to keep it simple.
Order a pack of up to 12 forms now, for a flat fee of $12.
Cheryl Simes – Kiwilaw – 29 April 2020 (amended slightly 26 May 2020)
Reference material:
Wills Act 2007 section 8 – meaning of ‘will’
Wills Act 2007 section 7 – meaning of ‘valid’
Wills Act 2007 section 11 – valid signing and witnessing
Wills Act 2007 section 14 – High Court may declare will valid
Wills Act 2007 section 15 – will may be changed
Family Protection Act 1955 section 3 – who may claim
Law Reform (Testamentary Promises) Act 1969