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A Will is a legal document that dictates the distribution of your assets after your death, while a Testament is your written directive regarding your personal matters. In Christchurch, New Zealand, Will & Testament law falls under the scope of the Wills Act 2007 and the Administration Act 1969. These laws govern the creation, execution, amendment, and interpretation of Wills & Testaments, ensuring they are carried out according to the deceased's wishes.
Engaging a lawyer to handle your Will & Testament can help ensure that the distribution of your assets goes smoothly following your death. A lawyer can help draft the document, advise on the implications of different decisions, help manage complex situations like blended families or business ownership, and ensure the Will adheres to all legal requirements. If a dispute arises around a Will or Testament, a lawyer can provide legal advice and representation.
Key aspects of Will & Testament laws in Christchurch involve conditions for a valid Will, executor appointments, and the process of probate. Under New Zealand law, the maker of the Will must be 18 years or older, freely expressing their wishes without coercion. The Will must be in writing, signed by the maker, and witnessed by two people. The appointed executor will be responsible for administering the estate, following the Will’s directives. Probate is the process where a court confirms a Will and gives the executor authority to manage the deceased's estate.
Yes, you can draft your own Will in New Zealand. However, to avoid ambiguity, oversight or misunderstanding, it's advised to engage a legal professional to help.
If a person dies without a will, they are considered to have died 'intestate'. The Administration Act 1969 outlines the process for distributing the deceased's assets.
Yes, you can change your Will at any time, provided you continue to have the mental capacity to understand your actions.
Certain family members and dependents may be able to challenge your Will under the Family Protection Act 1955 or Law Reform (Testamentary Promises) Act 1949.
Generally, you can choose anyone over 18 years and who is not a beneficiary to act as your executor, but professional advice is recommended to ensure they're the right person for the task.
The New Zealand Law Society provides valuable information on their website about wills & testaments. The Citizens Advice Bureau also provides free, confidential information and advice, covering the basics of Will & Testament Law.
Engage a legal practitioner with expertise in Will & Testament law. They can help you draft, review, or update your Will, ensuring it aligns with your wishes and New Zealand law. They can also provide advice if you're an executor or beneficiary, or if a Will is being disputed.
