Best Will & Testament Lawyers in Whakatane

About Will & Testament Law in Whakatane, New Zealand

Law regarding Will & Testament in Whakatane, New Zealand governs the legitimate creation of a Will, its execution, and distribution of assets, in accordance with the deceased’s wishes. The main law governing this matter is the Wills Act 2007. This law provides clarity on the formal requirements of a will, how it can be changed, and what happens if the will is contested or if the individual dies intestate (without a will).

Why You May Need a Lawyer

Seeking legal advice when drafting or updating a Will helps ensure your Last Will and Testament accurately reflects your wishes for the distribution of your estate upon your death. Moreover, a lawyer can help you navigate through the elaborate laws and regulations, validating the document to prevent future disputes. Legal assistance is essential if you have a large estate, complicated family situations, or if you need to set up a trust.

Local Laws Overview

In Whakatane, like the rest of New Zealand, the Wills Act 2007 mandates that the testator (the person making the will ) must be at least 18 years old. The Will should be in writing and be signed by the testator in the presence of at least two witnesses. The witnesses should also sign the will in the testator's presence. The law also dictates specific rules on what happens if the Will is contested or if a person dies without a Will.

Frequently Asked Questions

What happens if I die without a Will?

If you die without a valid Will (intestate), your estate will be distributed according to the Administration Act 1969, which may not align with your desires.

Can I amend my Will after it’s been signed?

Yes, a Will can be amended or revoked after it's been signed. However, proper legal procedure, as outlined by the Wills Act 2007, should be followed to ensure this is done correctly.

Who can challenge my Will?

A person who has been left out of a Will, or feels they have been inadequately provided for, can challenge it under the Family Protection Act 1955 or Property Law Act 2007.

Can I leave my assets to anyone I want?

While a Will allows you some discretion to distribute your estate, certain obligations and responsibilities still need to be kept. For instance, you're generally required to provide adequately for your spouse or partner and any dependents.

What assets should be included in a Will?

Any asset owned solely or jointly, including real estate, vehicles, investments, insurance policies, bank accounts, personal belongings, and more, should be considered when drafting a Will.

Additional Resources

There are various resources that can provide help including community legal advice services or the Citizens Advice Bureau. You may also consult the Ministry of Justice website for general legal information regarding Wills in New Zealand.

Next Steps

If you're seeking legal assistance to draft or revise a Will, start by looking for experienced solicitors specializing in Wills and Estates law in Whakatane. Prepare a list of all your assets and how you want them distributed. Arrange a meeting to discuss your needs and ensure your Will is legally robust and mirrors your wishes accurately.