Supporting Your Loved Ones: The Power Of Having A Will In Place

Talking about death can feel uncomfortable, which is why many people avoid the subject altogether.

However, the reality is that failing to plan for it can leave your loved ones with unnecessary stress and complications during an already difficult time. One of the most important steps you can take is to create a will, ensuring that your wishes are respected and your family is spared additional stress and heartache at an already challenging time.

Why a Will is Essential

A will is one of the most significant documents you will ever sign. Passing away without one is known as "dying intestate." When this happens, the legal process becomes more complicated and costly, placing an extra burden on your loved ones who are already grieving.

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What Happens When There Is No Will

When someone dies intestate, family members (spouse, partner or children) cannot manage the estate without the court’s authority. In some cases, the court will appoint an administrator, and this may not be someone you or your family would have chosen.

To gain control of the estate, a family member must apply to the High Court to become the "administrator." This process can be stressful and time-consuming, especially if there are conflicts within the family.

If the deceased’s estate is valued at less than $15,000, the family may be able to manage it without court involvement. However, if the estate exceeds that amount, the family must go through legal procedures to distribute it. If no relatives or next of kin are identified, the estate will be passed to the New Zealand Government.

The Importance Of An Executor

An executor is the person or company you choose to manage and distribute your estate according to your will. Their responsibilities include:

  • Identifying, gathering, and potentially selling your property, paying off debts and taxes, and distributing the remainder to beneficiaries.
  • Ensuring that your wishes, as outlined in the will, are carried out to the greatest extent legally possible.
  • Managing your funeral arrangements and ensuring that your burial or cremation wishes are respected (they will generally follow the instructions in your will or the wishes of family or friends).
  • Providing the court with relevant information about your financial affairs and any reasons for your instructions in the will (for example, why you did or didn’t decide to give property to a particular person).

Even with clear instructions in your will, your executor has the final say regarding your burial or cremation. If tikanga Māori is significant to you or your whānau, your executor must consider this when making decisions. If someone disagrees with the executor’s decision, they can apply to the Family Court, which will assess the situation on a case-by-case basis, considering common law, your will, and tikanga Māori.

How Is Your Estate Distributed Without A Will?

If you die without a will, your estate will be distributed according to a strict formula set by the Administration Act 1969. This method may not align with your personal wishes. If you have a will, however, your executor will ensure that your estate is distributed according to your specific instructions.

In cases of intestacy, the distribution of your estate follows a set order of priority:

  • Your spouse, civil union partner, or de facto partner.
  • Your children.
  • Your parents.
  • Your siblings.
  • Your grandparents.
  • Your uncles and aunts.

If none of these relatives are alive, your estate will go to the New Zealand Government.

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Here are some common examples of how the property is distributed under the rules of intestacy:
  1. If there is a spouse or partner, and there are also children, the spouse/partner takes all the deceased’s personal possessions, including cars, furniture, appliances, jewellery and so on (basically everything other than land, buildings and money), plus a set dollar amount (which is currently $155,000.00), plus one-third of the rest of the deceased’s property. The children take the other two thirds of the rest of the property.
  2. If there is no spouse or partner, your children inherit everything equally.
  3. If there is no spouse, partner, or children, your parents will inherit everything.
  4. If there is no spouse/partner, children or parents, your siblings inherit everything in equal shares.
  5. If none of the above applies, your estate will go to the New Zealand Government.

Dying without a will is a complicated, expensive, and time-consuming process. In contrast, planning for the future is one of the most compassionate gifts you can give your loved ones. By creating a will, you offer them clarity, protection, and peace of mind during a time of intense grief, while also ensuring your wishes are honoured.

If you haven’t yet made these important arrangements, we encourage you to take this step today. Reach out to us for guidance and support if you need it. We are here to. Our funeral directors have been caring for families across the wider Wellington region since 1910, offering support through difficult times.