IF YOU WILL
How does it work?
Our goal is to ensure the people and things that matter to you are protected, grown and quite simply, taken care of.
To begin protecting your wishes, fill in the form and tell us a bit about yourself. One of our experienced Client Managers will then offer you a complimentary consultation, either in person, over the phone, or video conferencing. They will discuss your situation and your wishes, and how best to achieve and protect them.
Our team of in-house lawyers will then draft your Will according to your wishes, then it’s up to you to review and sign it in front of two independent witnesses.
If you complete your Will*, we will then donate $50 to the Perpetual Guardian Foundation to help someone else’s wish come true.
Why do I need a Will?
We all go through life accumulating assets, wealth, and things that are important to us. You can take control over how those assets will be distributed after you die. A valid and current Will allows you to express your wishes and ensure that your loved ones are provided for and can have peace of mind during a period of sadness and uncertainty.
Research has shown, time and time again, that Kiwis are most likely to set up Wills after a life-changing event. From getting married to having your first child, buying a house, or even experiencing a global pandemic, these are the occasions that often prompt us to think about the future.
What are your wishes? Let’s start protecting them today.
What is the Perpetual Guardian Foundation?
At Perpetual Guardian we believe in giving back and helping others to do the same. That’s why for every Will taken out in September, we will donate $50 to the Perpetual Guardian Foundation.
The purpose of the Perpetual Guardian Foundation is to encourage and facilitate generosity amongst New Zealanders, and to assist the everyday philanthropist in becoming more thoughtful and intentional in their giving so that personal philanthropy, no matter what value, can reach new heights and have greater impact.
Whether New Zealanders want to feed the hungry, educate children, protect our environment, nourish the arts, revitalise neighbourhoods, strengthen families, or promote another charitable goal of their choosing, the Perpetual Guardian Foundation can help.
*Will must be completed between 24/08/2020 and 02/10/2020
Frequently Asked Questions
Before you meet with Perpetual Guardian to discuss your Will, you’ll need to consider, know about, or bring:
- A copy of ID (NZ drivers licence or passport)
- A copy of your current Will (if any exist)
- Who you want to be your executors (Full names & addresses)
- Guardians for any children/minors (Full names & addresses)
- Full names and contact details of Beneficiaries
- Funeral wishes
- Any gifts you want to leave to family, friends, and charity
- Details of the assets you own, including certificates of title of property, life insurance policy, KiwiSaver provider, investment portfolios, and overseas assets.
It’s important to update your Will whenever there are major changes during your lifetime.
Marriage (or re-marriage), for example, usually revokes a Will. So if you’re planning to get married, you should make a new Will. Likewise, if you’ve separated or divorced, or there are other special circumstances such as adopted children or children with a disability, you may need to make special provisions for them in your Will.
Regardless of major changes in your life, we recommend you review your Will every three to five years.
If you haven’t made a Will, you’ll have no control over how your assets (including your inheritance) are distributed when you die. In addition, those left behind may be subjected to lengthy and costly delays while the Court appoints an administrator to distribute your assets in accordance with the Administration Act 1969.
Under the terms of this Act, the division of your estate will depend on whether what family members are living and means that your estate will not be distributed in accordance with your wishes.
Although you are free to distribute your estate as you wish, in New Zealand there are three key pieces of legislation which may impose certain obligations on you when you make your Will:
- The Property (Relationships) Act 1976 – A spouse or partner has certain rights in relation to your estate. They have the option to choose if they accept what they have been left under a Will, or choose for a division of relationship property. We recommend that you seek independent legal advice when considering any relationship property matters.
- The Family Protection Act 1955 – Certain family members may have the right to claim against your estate if they do not feel they have been adequately provided for under your Will.
- Law Reform (Testamentary Promises) Act 1949 – A person may claim against your estate if you breached a promise to leave them something in your Will in return for work or services that they provided you with.
It is important to be aware of what is covered by these pieces of legislation and how they may affect the provisions you have made in your Will.
An up-to-date Will is the cornerstone of a good estate plan. However, when completing a Will, Enduring Powers of Attorney should also be put in place.
They can help provide your personal care and welfare if you become incapacitated, and the ongoing management of your assets and financial arrangements if you choose.
And then there are Trusts. They too can be a great structure to protect your family and all you’ve worked for throughout your life and be tailored to your unique circumstances and needs.
To find out more, ask one of our experts for more information.
The cost for setting up your Will starts at $150, depending on complexity.
This covers consultations with one of our expert Client Managers; the drafting of your Will by one of our resident lawyers; and any necessary edits after your initial draft is checked.
If you don’t nominate us as your executor, this is all you pay for your Will.
If, however, you’d like our expert team to execute your wishes after your passing, our standard fees apply. You can find these here.