Most of us know we should have a will. Yet many New Zealanders put it in the ‘I’ll get around to it one day’ basket. The trouble is that life rarely works to our timetable.
When someone dies without a valid will, they are said to have died intestate. While it sounds like legal jargon, the consequences can be very real for the people left behind.
Many people assume that everything will simply pass to their spouse or partner, and that stepchildren or other loved ones will automatically be included. Unfortunately, it is not always that straightforward.
Without a will, your family does not decide who receives your money, property or possessions. Instead, the law applies a set formula for distributing your estate, which is everything you own at the time of your death. Those rules are intended to provide certainty, but they may not reflect your wishes, situation or the shape of your family.
For blended families, long-term partners, estranged relatives, or families with complex relationships, the outcome can come as an unwelcome surprise. The people you would have wanted to benefit may not be the people the law provides for.
The challenges are not only about who inherits. Dying without a will can also make an already difficult time much harder for those left behind.
When there is a will, the executor you have chosen can step in and begin managing your affairs. Without one, a family member has to apply for legal authority before they can act on behalf of the estate. This process can take months, often requiring legal assistance, and can add extra costs and paperwork at a time when loved ones are already grieving.
Many people are also surprised to learn that once a bank is notified of a person’s death, their accounts are usually frozen. Direct debits and automatic payments may stop, and family members cannot simply access funds because they are a spouse, child or next of kin. The bank must first be satisfied that the right legal authority is in place. While this safeguard is important, it can create practical difficulties for families facing immediate expenses such as funeral or burial costs.
Perhaps the greatest consequence of dying without a will is the loss of choice.
A will is about much more than who gets what. It is an opportunity to make your wishes clear, provide for the people and causes you care about, appoint guardians for children and pets, and help reduce the likelihood of future disputes. It gives the people you leave behind guidance and certainty when they need it most.
None of us enjoys thinking about our own mortality. It is a conversation many of us would rather postpone. Yet having a will is one of the simplest and most thoughtful acts of care we can leave behind. It provides clarity during a time of uncertainty, eases the burden on those we love, and ensures that our wishes are known when we are no longer here to explain them.
A will does not have to be complicated.
But not having one can be.
Ready to get started?
If you haven’t already, it may help to read my previous articles on how to start one of life’s most important conversations, and the questions to consider before making a will.
For some people, they will then choose to make an appointment with a legal adviser. For others, an online will is a great start. If you choose to write your will online, we recommend using a service that complies with New Zealand law and that you follow all guidelines to ensure your will is properly signed and witnessed.
We have partnered with EveryWill by Gathered Here, New Zealand’s top-rated provider, to offer our supporters a free online will service that is valid and legally binding. You can use this service secure in the knowledge that your will remains completely confidential and that there is no obligation to leave a gift in your will. It’s simply our way of helping New Zealanders start one of life’s most important conversations.
