Why do I need a Will, and do I need a lawyer to prepare this for me?

Peter was 25 and had been contributing to KiwiSaver since he started working in 2008.  He had been dating his girlfriend, Becky, for about eighteen months when very sadly he died in a tragic accident.  Peter had never made a Will.  He thought he didn’t have any assets as he had overlooked his KiwiSaver funds.

If a person dies without a Will this means that his or her estate will be distributed in accordance with the Administration Act 1952.  The Administration Act provides that because Peter died with no valid Will, and without a “spouse or de facto partner”, that the whole of his estate was to be divided equally between his parents.  If Peter had known about this before his death he would have preferred that Becky receive at least some of his estate.

Peter’s parents had to spend unnecessary time and expense applying to the court to have his estate administered.  This made what was already a very difficult time for them even more stressful.  Peter’s parents did finally receive Peter’s KiwiSaver funds, or what was left of it after paying legal fees to apply to the Court to have his estate sorted, and Becky missed out entirely.

If you own property, have investments (including KiwiSaver), or if you have children, you should make the time to prepare a Will.  It is one of the most important documents you will ever have and it’s important that you get it right.  A Will has strict legal requirements as to how it is prepared, signed, and witnessed, and if you get it wrong your Will could have no legal standing, be open to a claim from a potential beneficiary, or possibly even worse, mean something completely different to what you had intended.  That’s where Rainey Collins can help you.

We will prepare your Will so that it carries out your wishes and will ensure that it is valid and complies with the law.