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LAST WILL AND TESTAMENT OF ____________________
I, ____________________, presently of ____________________, New Zealand, hereby revoke all former testamentary dispositions made by me and declare this to be my last Will.
The above authority and powers granted to my Executor are in addition to any powers and elective rights conferred by statute or common law or by other provision of this Will and may be exercised as often as required, and without application to or approval by any court.
WITNESSES
This instrument was signed on the above written date by ____________________, and in our presence the Testator declared this instrument to be their last Will. At the Testator's request and in the presence of the Testator, we subscribe our names as witnesses hereto. Each of us observed the signing of this Will by ____________________ and by each other subscribing we witness and affirm that each signature is the true signature of the person whose name was signed. Each of us is now the age of majority, a competent witness and resides at the address set forth after their name.To the best of our knowledge, the Testator is of the age of majority or otherwise legally empowered to make a will, is mentally competent and under no constraint or undue influence.We declare under penalty of perjury under the laws of New Zealand that the foregoing is true and correct this 11th day of December, 2023, at __________, .Signed by ____________________ in our presence and then by us in their presence.
Signature
_______________________
Name
Address
City/Town
Postcode
A Last Will and Testament is also known as a:
A Last Will and Testament is an estate planning document that allows you to state how to distribute your money and property after you pass away. If you have minor children, you can also appoint a guardian for them in your Will.
A Last Will and Testament communicates your final wishes and gives you control over your assets once you pass away. If you die without a Will, your grieving loved ones have to overcome unnecessary obstacles to gain control and ownership over your assets and property.
Without a Will, your loved ones must abide by the Administration Act 1969 to determine who will act as the administrator for your estate. Under this act, one of your loved ones must apply to the High Court and obtain “letters of administration.” The court doesn't decide who should be the administrator of your estate, rather they can approve or deny the application for letters of administration.
The administrator does not get to decide how to distribute assets. Instead, the assets are distributed according to the order of priority set out in the Administration Act 1969, leaving your desires out of the decision-making process altogether. Generally, assets go to the closest surviving family members.
Applying for the letters of administration can cause extra stress for your family and delay the process of closing your estate while they are grieving. Creating a Last Will and Testament is the best way of avoiding these problems for your family.
The person who creates a Last Will and Testament is the testator. If a loved one or lawyer helps you create your Will you are still considered the testator.
An executor is the person you appoint to administer your wishes as outlined in your Will. Typically, you cannot appoint a minor as your executor. Also, you can’t appoint someone with a criminal record. Many married people appoint their spouse as the sole executor of their Wills.
If you think certain loved ones will work better as a team while closing your estate, you can also appoint multiple executors. Also, consider appointing an alternate executor. If something happens to your first choice before you have a chance to update your Will, having an alternate executor can prevent problems for your family.
A Living Will is also known as a Health Care Directive, Personal Directive, or Advance Directive. This document allows you to specify your health care treatment preferences should you no longer be able to make medical decisions for yourself.
A Last Will and Testament allows you to specify how you would like your assets distributed after you pass away. In a Last Will, you appoint an executor for your estate and a guardian for any minor children.
Any adult who is of “sound mind” can create a Last Will and Testament to help protect their loved ones and assets. “Sound mind” means that you understand the meaning of a Will, your relationship to your beneficiaries, and the consequences of how you choose to distribute your property in your Last Will.
It may be more important for certain people to plan their estate. For example, if you have kids, a Will allows you to ensure their financial protection and appoint a guardian for them. You should create a Will if you:
Regardless of your circumstances, creating a Will allows you to outline how to distribute your property, pay off your debts, and handle your business or family needs if you pass away.
To complete your Last Will and Testament, you must include:
Create your Last Will and Testament using Lawdepot’s Will template, which fulfills the legal requirements in New Zealand. You may choose to create your Will by yourself and then have it reviewed by a lawyer to ensure your and your family’s interests are well protected.
You can create your Last Will and Testament for free with LawDepot’s Free Trial. Complete our step-by-step questionnaire, then review and execute your document.
Certain elements must be present for your Will to be valid. Besides being in writing, and not verbally passed through another person, you must complete your Will when you are of sound mind and under no undue influence. Also, a court can determine that a Will is void if it determines that the testator didn’t create and sign their will freely and voluntarily.
Also, for a court to recognize your Will as valid, you and your two witnesses must sign it in the presence of each other.
You can execute your Last Will and Testament by properly signing and witnessing it. If you do not properly execute your Last Will, a court may consider it invalid.
However, even a valid Last Will can be disputed in court if someone, such as a beneficiary or executor, believes that it wasn’t properly executed. If someone believes you were pressured into creating your Last Will or coerced into leaving certain gifts to certain people, they may also dispute your Will.
Note: Your initial answers are saved automatically when you preview your document.This screen can be used to save additional copies of your answers.