Why you need a Will now more than ever
In today's evolving financial and legal landscape, having a valid Will in place has never been more critical for New Zealanders. The absence of a Will can lead to unnecessary delays, stress, and cost for families.
One of the most overlooked reasons to have a Will is KiwiSaver. Many people assume their KiwiSaver balance will automatically pass to their partner or next of kin on death, but that's not how it works. KiwiSaver funds are held solely in the name of the individual and do not pass by survivorship (think, property held as joint tenants). Instead, they must be dealt with as part of the person's estate, and if there is no Will, this creates delays and uncertainty in accessing those funds. With the recent Government budget injecting more incentives and support into KiwiSaver, balances are likely to grow significantly over time.
Another relevant factor is the probate threshold. Currently, assets over $15,000 will require a grant from the Court. This threshold is due to increase to $40,000 in the near future, to better reflect current asset values. In real terms, the threshold is easily exceeded - especially when you consider KiwiSaver.
Without a Will, for which the court can grant 'probate', family members must apply for 'letters of administration' which can be slower and more complex, particularly when family dynamics are tense.
At the same time, more New Zealanders are choosing to own property as tenants in common rather than joint tenants – especially in blended families or where people wish to protect their children's inheritance from a new partner. This structure allows each party to leave their share of the property to whomever they choose, provided they have a Will to specify that. In this situation, a Will should complement any Contracting Out Agreement (or 'Pre Nup').
Many family trusts are now being wound up or simplified because of changes in trust law, compliance costs, ageing/migrating settlors and international beneficiaries (giving rise to tax implications). As assets come out of a trust and revert to personal ownership, they become part of a person's estate and must be carefully dealt with by their Will.
Overseas properties, investments and digital assets can be challenging to deal with if someone passes without a Will (or Wills) to reflect what should happen to assets in other countries.
Having a Will is no longer just about passing on the family home – it's about ensuring some thought is given to the increasing complex assets and arrangements of the modern estate. With the right guidance, a complicated situation can have a clear and manageable solution. The key is to decide what you want to achieve, and get a Will drafted to reflect that.
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