A will says what happens to what you own after you die. An enduring power of attorney says who makes decisions for you if you are alive but no longer able to make them yourself. Most people need both, and most people put both off. They are two of the least expensive and most useful documents you will ever sign.
Wills
A will lets you appoint the executors who will deal with your estate, say who receives what, name guardians for children under 18, and record your wishes for burial or cremation. Without one, your estate is distributed according to a formula in the Administration Act 1969. That formula takes no account of your circumstances, your blended family, or what you would have wanted, and it usually means more delay, more cost and more stress for the people you leave behind.
We prepare wills for straightforward situations and for the ones that are not so straightforward – second relationships, children from more than one relationship, family trusts, business interests, property overseas, and gifts to charity. Where a will needs to work alongside a relationship property agreement or a trust, we make sure the documents say the same thing rather than contradicting each other.
It is worth reviewing your will after a marriage, separation, a birth, a death, buying or selling a property, or setting up or winding up a trust.
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Enduring Powers of Attorney
There are two enduring powers of attorney under the Protection of Personal and Property Rights Act 1988:
A property EPA covers your money and assets – bank accounts, investments, paying bills, and dealing with your house. You can appoint more than one attorney, and it can take effect immediately or only if you lose capacity.
A personal care and welfare EPA covers decisions about your health, your care and where you live. Only one attorney can be appointed at a time, and it can only come into effect once a medical assessment confirms you are no longer mentally capable.
An EPA can only be signed while you still have capacity. Once capacity is lost it is too late, and the alternative is an application to the Family Court for orders. This is a lot slower, more expensive and more intrusive for the family. There are strict signing and certification requirements for EPAs, including that we explain the effect of the document to you and that your attorney’s signature is witnessed separately.
We hold signed wills and EPAs in our safe custody at no charge, and we will provide certified copies to your bank, rest home or medical provider when they are needed.
To make an appointment, phone (09) 579 0033 or send us a message and we will come back to you. We are at 265 Campbell Road, Greenlane, with parking on site.
Prices for our wills and enduring powers of attorney services
| Power of Attorney (standard) | $195 |
| Enduring Power of Attorney (property / personal care & welfare) (One Person) | $695 |
| Enduring Power of Attorney (each) | $350 |
| Simple Will (one person) | $375 |
| Other Wills (e.g. children from prior relationship) | Ask for an estimate |
Wills and Enduring Powers of Attorney FAQ
See related questions and quires related to Wills and Enduring Powers of Attorney.
What happens if I die without a will?
Your estate is divided under the Administration Act 1969. Depending on who survives you, your partner may not receive everything, and your parents or siblings may receive a share you never intended for them. Someone has to apply to the High Court to be appointed administrator, which takes longer and costs more than obtaining probate under a will. If you have children under 18, no one has been named as their testamentary guardian.
My spouse and I own everything jointly. Do we still need wills?
Yes. Jointly owned property normally passes to the survivor, but that only deals with the first death, and it does not cover assets held in one name, KiwiSaver, life insurance, or vehicles. It also leaves nothing in place for the situation where you both die at the same time.
Can my partner deal with my affairs if I lose capacity, without an EPA?
No, and this catches families out constantly. Being married does not give your spouse authority to sell your house, deal with your KiwiSaver, or consent to your care arrangements. Banks will freeze accounts held in your sole name. Without an EPA, the only route is a Family Court application.
Do I need both types of enduring power of attorney?
We recommend both. They cover different decisions and one does not substitute for the other. You can appoint the same person to both, or different people, whichever suits your family.
Are DIY will kits and online wills valid in New Zealand?
Sometimes, but we see plenty that are not. The Wills Act 2007 sets out formal signing and witnessing requirements, and a will that fails them requires a High Court application to be validated. That application will cost the estate far more than having the will prepared properly in the first place. Home-made wills also tend to use wording that is unclear about who gets what, which is where family disputes start.
How often should I review my will and EPAs?
Every three to five years, and any time your circumstances change – a new relationship, a separation, a new child or grandchild, a property purchase or sale, or the death of an executor or attorney.