September is Wills month and it’s a great reminder that your Will is an important document that needs to be reviewed regularly.
We have noticed a rise in charities offering a free Will service and other online Will options. While this may be well-meaning, there are reasons for careful legal advice when preparing your Will – after all, if there is an error, it will be too late to correct it when your Will is needed.
Our approach to Wills is to understand your family structure and the property that you own so that we can advise on the options. Often clients begin with the idea that their Will is simple but, after some discussion, understand that they have more to consider. The following are examples of when a Will is particularly complex:
- Blended families – where a couple have children from earlier relationships.
- Concerns about a spouse remarrying after your death. The second partner has the option to change their will and may have new obligations to a new partner or spouse.
- Single people with no children.
- Unequal provision or exclusion of a child from your Will.
- Estrangement with a child.
- Difference in age of a couple.
- The chance that there may be an allegation of undue influence or capacity issues.
The Law doesn’t always allow you to do whatever you want in your Will. There have been many court cases in New Zealand based on the Family Protection Act 1955 which means that you must consider your moral obligation to provide for partners and children in your Will. Claims against your estate can also be made based on relationship property or promises made by you during your lifetime.
A Will also needs to be reviewed, especially at the time of life events such as entering or leaving a relationship, birth of children or grandchildren, purchase of a home, retirement, and the death of a spouse or partner. If you marry, your previous Will is invalid unless it has been made in contemplation of that marriage.
Finally, there are technical rules about how a Will must be signed and stored which, if not followed, can add expense and stress when the person dies.
Jo Mechaelis-Wall, Associate Lawyer, is part of the team who give advice on Wills and estate planning at Parry Field Lawyers.
The information contained in this outline is of a general nature, should only be used as a guide and does not amount to legal advice. It should not be used or relied upon as a substitute for detailed advice or as a basis for formulating decisions. Special considerations apply to individual fact situations. Before acting, clients should consult their Parry Field Lawyer.
Published September 2025.
