A young woman drafted her own Will and asked us to store the signed Will safely for her. We suggested it would be wise for her to have us take a look at it for her, rather than just storing it.

Upon reviewing the Will, it was clear that it was not valid as it did not meet the witnessing requirements under the law.

If the woman had passed away before completing a valid Will she would have died ‘intestate’ (that is, without a valid Will) unless her Executor applied to the Court to get the document purporting to be a Will validated. 

Getting a will validated by the Court is a complicated process and requires a big investment in costs, and is stressful for those left behind.  It is much better to ensure that any Will complies with the law initially rather than to try to resolve the issue later.

As soon as your circumstances change, it is important to look at updating your Will.  This can include:

·         Buying a property.

·         Having a child.

·         Getting married.

·         Separating from your partner or entering a new relationship.

·         If you no longer have some of the assets you refer to in your Will.

·         If you set up a Trust.

·         If someone you refer to in your Will passes away, particularly your Executor.

It is most important for everyone to have a valid Will.  We can give you up-to-date Will information and help you to make a Will that fully suits your situation.

Call us for a relaxed friendly chat on 04 4736 850 or email us at lawyers@raineycollins.co.nz