Free Last Will and Testament

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Last Will and Testament

Gifts



Gifts



First Gift


e.g. My set of golf clubs



e.g. CC89621

e.g. 9485621359863


New Zealand





New Zealand







New Zealand







Frequently Asked Questions
Is there anything I cannot give away?There are some restrictions on gifts. You cannot give away:
  • Your spouse's property;
  • Proceeds from financial instruments that already have beneficiaries (e.g. a life insurance or superannuation fund); or
  • Jointly held property where the other party automatically receives your share upon your death (e.g. property owned in joint tenancy).
Who can I leave my interest in Māori land to?An interest in Māori land can be left to:
  • Your spouse or de facto partner;
  • Your children;
  • Your direct relatives;
  • Members of the hapū associated with the land that are your blood relatives or other owners of the land;
  • Your whāngai relatives; and
  • Trustees of anyone listed above.


Your Last Will and Testament

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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.

  1. PRELIMINARY DECLARATIONS
  2. Prior Wills and Codicils
  3. I revoke all prior Wills and Codicils.
  4. Marital Status

  5. Children
  6. I do not have any living children.
  7. EXECUTOR
  8. Executor
  9. The expression 'my Executor' used throughout this Will includes either the singular or plural number, or the masculine or feminine gender as appropriate wherever the fact or context so requires. The term 'executor' in this Will is synonymous with and includes the term 'executrix'.
  10. Appointment
  11. I appoint my spouse, ____________________, as the sole Executor of this Will.
  12. Powers of my Executor
  13. I give and appoint to my Executor the following duties and powers with respect to my estate:
    1. To pay my legally enforceable debts, funeral expenses and all expenses in connection with the administration of my estate and the trusts created by this Will as soon as convenient after my death, except for any debt secured by real and/or personal property which is to be assumed by the recipient of such property.
    2. To take all legal actions to have the probate of this Will completed as quickly and simply as possible, and as free as possible from any court supervision.
    3. To retain, exchange or dispose of any personal property without liability for loss or depreciation.
    4. To purchase, maintain, convert and liquidate investments or securities, and to exercise voting rights in connection with any shareholding, or exercise any option concerning any investments or securities.
    5. To open or close bank accounts.
    6. To maintain, continue, dissolve, change or sell any business which is part of my estate, or to purchase any business if deemed necessary or beneficial to my estate by my Executor.
    7. To sell, mortgage, exchange, lease or otherwise dispose or deal with any real property in my estate and to pay, alter, improve, add to or remove any buildings thereon and generally to manage such real property. This does not include the power to sell any interest in Māori land, unless such power is exercised in accordance with the Māori Land Act 1993.
    8. To maintain, settle, abandon, make a claim against or defend, or otherwise deal with any claims or actions against my estate.
    9. To employ any solicitor, accountant or other professional.
    10. Except as otherwise provided, to act as my Trustee by holding in trust the share of any beneficiary under the age of twenty (20), and to keep such share invested, pay the income or capital or as much of either or both as my Executor considers advisable for the maintenance, education, advancement or benefit of such beneficiary and to pay or transfer the capital of such share or the amount remaining to such beneficiary when he or she reaches the age of twenty (20) or, prior to such beneficiary reaching the age of twenty (20), to pay or transfer such share to any parent or guardian of such beneficiary subject to like conditions and the receipt of any such parent or guardian discharges my Executor.

    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.

  14. DISPOSITION OF ESTATE
  15. Distribution of Residue
  16. To receive any gift or property under this Will a beneficiary must survive me for thirty (30) days. Beneficiaries of my estate residue will receive and share all of my property and assets not specifically bequeathed or otherwise required for the payment of any debts owed, including but not limited to, expenses associated with the probate of this Will, the payment of taxes, funeral expenses or any other expense resulting from the administration of this Will. The entire estate residue is to be divided between my designated beneficiaries with the beneficiaries receiving a share of the entire estate residue. All property given under this Will is subject to any encumbrances or liens attached to the property.
  17. The entire residue of my estate will be transferred to my spouse, if my spouse survives me for thirty (30) full days, for their own use absolutely.
  18. Wipeout Provision
  19. Should my  predecease me, or fail to survive me for thirty (30) full days, then I HEREBY DIRECT that the residue of my estate or the amount remaining thereof be divided into one hundred (100) equal shares and to pay and transfer such shares as follows:
    1. 50 shares to be divided equally between my parents and siblings, or the survivors thereof, for their own use absolutely, if all or any of them is then alive.

      PROVIDED HOWEVER, that if all of my parents and siblings shall predecease me, or surviving me die before receiving their share of my estate, I DIRECT that their share of my estate or the amount remaining shall be divided equally between my 's parents and siblings then alive for their own use absolutely.
    2. 50 shares to be divided equally between my 's parents and siblings, or the survivors thereof, for their own use absolutely, if all or any of them is then alive.

      PROVIDED HOWEVER, that if all of my 's parents and siblings shall predecease me, or surviving me die before receiving their share of my estate, I DIRECT that their share of my estate or the amount remaining shall be divided equally between my parents and siblings then alive for their own use absolutely.
  20. Individuals Omitted from Bequests
  21. If I have omitted to leave property in this Will to one or more of my heirs as named above or have provided them with zero shares of a bequest, the failure to do so is intentional.
  22. GENERAL PROVISIONS
  23. No Contest Provision
  24. If any beneficiary under this Will contests in any court any of the provisions of this Will, then each and all such persons shall not be entitled to any devises, legacies, bequests, or benefits under this Will or any codicil hereto, and such interest or share in my estate shall be disposed of as if that contesting beneficiary had not survived me.
  25. Severability
  26. If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect.
  27. Signature
  28. I, ____________________, the within named Testator, have to this last Will contained on this and the preceding pages, set my hand at __________, New Zealand, this 26th day of November, 2020 I declare that this instrument is my last Will, that I am of the legal age in this jurisdiction to make a will, that I am under no constraint or undue influence, and that I sign this Will freely and voluntarily.

    _____________________
    ____________________

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 26th day of November, 2020, at __________, New Zealand.

Signed by ____________________ in our presence and then by us in their presence.

Signature

_______________________

 

Signature

_______________________

Name

_______________________

 

Name

_______________________

Address

_______________________

 

Address

_______________________

 

_______________________

   

_______________________

City/Town

_______________________

 

City/Town

_______________________

Postcode

_______________________

 

Postcode

_______________________

Last Will and Testament Information

Alternate Names:

A Last Will and Testament is also known as a:

  • Will
  • Last Will
  • Will and Testament

What is a Last Will and Testament?

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.

What is the purpose of a Last Will and Testament?

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.

What is a testator?

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.

What is an executor?

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.

What is the difference between a Living Will and Last Will?

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.

Who should make a Will?

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:

  • Are married, have children, or separate from a spouse
  • Have investments or savings
  • Own property
  • Own a business or shares in a business
  • Travel frequently
  • Have a high-risk or dangerous job

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.

What information do I include in my Last Will?

To complete your Last Will and Testament, you must include:

  • Your personal information and marital status
  • Your executor’s name and contact information
  • Your children’s information
  • Instructions for taking care of your pets
  • An outline of the assets you wish to gift to your beneficiaries

How do I make a Will in New Zealand?

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.

What is the cost of making a Will?

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.

What makes a Will void?

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.

How do I execute my Last Will?

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.

Related Documents:

  • Living Will: Use a Living Will or Advance Directive to specify your health care treatment preferences should you no longer be able to make medical decisions for yourself.
  • Power of Attorney: Use a Power of Attorney to grant powers to another person to act on your behalf.
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