Charlene Porteous-Watt

Qualifications

New Zealand Diploma in Legal Executive Studies 2018

Community & Industry Activity

New Zealand Institute of Legal Executives Affiliate Member

Contact

DDI: +64 7 349 5750
M: +64 27 224 5468
E: charlene.porteous-watt@hobec.co.nz

Charlene is a Senior Registered Legal Executive in the Rotorua office providing assistance to Terry Kirkham and Natasha van der Wal on conveyancing transactions, trust matters and estate planning.

Charlene joined Holland Beckett in 2014 as an administration assistant before becoming a legal secretary in the property team. She then went on to study and obtained her NZ Law Society Legal Executive Diploma in 2018.

Outside of work Charlene enjoys yoga, reading a good book and spending time with her fiancé and kids.

Charlene Porteous-Watt's Expertise

Trusts, Asset Protection & Estate Planning

Property Law

Charlene Porteous-Watt's News & Resources

Bequests and gifts to charity in your Will

Have you considered what will happen to your loved ones and the causes you care about after you’re gone? Did you know, you can direct gifts and distributions to your family whilst still making provision for charities you care about in your Will? In this way, your Will is much more than just a legal document, it is a way to protect and provide for your loved ones, and to leave a lasting impact through a bequest to a cause you care about. Why having a Will matters Having a Will is essential, as it ensures your wishes are carried out after you pass away. Your Will provides instructions on how your property, assets, and belongings should be distributed, making it easier for your loved ones and legal representatives to manage your estate. If you pass away without a Will (known as \"dying intestate\") and have assets worth more than $40,000, your estate will be distributed according to the Administration Act 1969. This means your assets may not be distributed how you intended and the process can be more costly and time-consuming for your loved ones. Creating a Will helps minimise stress, legal complications, and unnecessary expenses for your loved ones. What should every Will include? The following should be covered in your Will: At least one executor, preferably two, who live in New Zealand. Executors are responsible for ensuring your wishes are carried out and handle the legal and financial matters, like ensuring your debts are paid and assets are distributed according to your instructions. Instructions for paying debts and liabilities. Adequate provisions for your partner and children. Clear instructions on who will inherit your property and possessions. Guardianship arrangements for any minor children (if applicable). Funeral wishes (not legally binding but should be considered by the executors). Bequests or gifts to charity. Leaving a gift to charity If you have regularly supported a cause during your lifetime then you may want to continue that generosity by leaving a gift to charity in your Will. A charitable bequest allows you to support important causes long after your lifetime - regardless of the amount, your gift can make a lasting impact. However, there are a few important considerations: Residuary bequest A percentage of your remaining estate after other gifts and expenses have been completed. Pecuniary bequest A fixed sum of money or cash gift. Fixed amount or percentage: which is best? Percentage-based bequest: This is the recommended approach for charitable giving, as it ensures the gift remains proportional as the value of your estate might change over time, maintaining fairness among beneficiaries and prevents unintended financial imbalances. Fixed amount bequest: This is a set amount of money you wish to donate. However, changes in your estate\'s value over time could result in the amount being larger or smaller than originally intended. If choosing this option, consider setting the funds aside in a separate bank account to prevent potential disputes or the money passing by survivorship if you currently have joint accounts with another person. Balancing charitable giving with family needs While charitable giving is admirable, it is crucial to ensure your estate can still provide for your loved ones. Leaving an excessive gift could lead to legal challenges under the Family Protection Act 1955, which allows family members to contest a Will if they believe they have not been adequately provided for. Additionally, it is important to assess whether the amount you plan to donate will be financially feasible as an unrealistic or excessive gift may fail and could create legal complications for your loved ones. Seeking legal advice can help you balance your wishes with your family\'s financial security. Ensuring your gift reaches the right charity To prevent confusion and ensure your gift goes to the right place: Confirm the charity’s full legal name and registration number through the Charities Register. This helps verify the charity’s legitimacy and ensures your gift is directed correctly. Consider including a discretionary substitution clause in your Will, which allows your executor or trustee to redirect your gift to a similar charity if your charity no longer exists, has changed its name or has merged with another charity. This ensures your gift remains aligned with your intentions. Keeping your Will updated Your circumstances may change over time, potentially affecting the validity of your Will. You will need to review and update your Will from time to time, especially around key life events such as: Marriage, civil union, or separation/divorce. Changes in your financial circumstances. The birth or death of family members. Buying or selling significant assets, such as property which might be listed in your Will. Seeking professional advice A lawyer can help ensure your charitable bequest is structured correctly and remains consistent with your overall estate-planning objectives. A well-drafted Will reduces the risk of disputes and ensures your bequest benefits both your loved ones and the causes you support.

Enduring Powers of Attorney

Most people understand the importance of having a Will. Far fewer appreciate the importance of having an Enduring Power of Attorney (EPOA). Yet an EPOA is often just as important, and in some cases, even more urgent. An EPOA allows someone you trust to make decisions on your behalf if you lose the ability to make those decisions yourself. What is a Power of Attorney? A Power of Attorney is a legal document appointing a person or people to act on your behalf should you become unable to make decisions for yourself. There are two types of powers, “standard” and “enduring”. Standard Powers of Attorney (“PA”) A standard Power of Attorney is required when someone is unable to sign a document themselves. A person may be unable to sign due to unavailability (out of the country or unwell), or physical impediment. PAs are frequently used when there is a need for documents to be signed efficiently on behalf of someone else (ie. a business arrangement). The PA can give broad signing powers to the Attorney, or can restrict those powers to only certain matters (ie. signing a particular contract). A standard PA is best used for temporary purposes, (eg. the duration of an overseas trip), and ceases immediately upon revocation, death, or when the person loses mental capacity. Enduring Powers of Attorney (“EPOA”) An EPOA is a legal document that authorises another person, known as your attorney, to make decisions on your behalf if you become unable to do so yourself. The word \"enduring\" is important. Unlike an ordinary power of attorney, which generally stops operating if you lose mental capacity, an EPOA continues to be effective when it is needed most. There are two types of EPOA - Property and Personal Care & Welfare. Enduring Powers of Attorney for Property An Enduring Powers of Attorney (Property) (EPOA (Property)) provides your appointed attorney with the power to make decisions relating to your financial affairs and property, and “endures” after you lose mental capacity. This could include: Operating bank accounts; Paying bills; Managing investments; Dealing with government agencies; Signing documents; Managing or selling property; Running a business if necessary. You may appoint more than one attorney to act at one time, including a trustee corporation. An EPOA (Property) can be effected immediately, or used only when you lose mental capacity. An EPOA (Property) continues in effect until you revoke your Attorney’s power, or you pass away. Enduring Powers of Attorney for Personal Care & Welfare An Enduring Powers of Attorney (Personal Care) (EPOA (Personal Care)) provides your appointed Attorney with the ability to make decisions relating to your healthcare and welfare. This may include decisions about: Medical treatment; Living arrangements; Rest home care; Rehabilitation; Day-to-day welfare matters. While only a single private individual can be appointed at any given time, you may appoint successor attorneys. An EPOA (Personal Care) will only come into effect when you have lost the required mental capacity to make decisions surrounding your personal care and welfare. Enduring Powers of Attorney and Trusts An EPOA cannot be used to make trustee decisions or deal with Trust property. Trust property is not the personal property of the trustee, and therefore a trustee does not make decisions in their personal capacity. However, EPOAs may become useful when an incapacitated trustee needs to be removed from a Trust, and there are no continuing trustees who are able to appoint a replacement. In these instances, the person holding the EPOA for the incapacitated trustee may remove the incapacitated trustee and appoint a new one. When does mental incapacity occur? Mental incapacity does not occur simply because someone is elderly or needs help with everyday tasks. Generally, a person is considered mentally incapable when they are unable to understand the nature and consequences of decisions relating to their personal care, welfare or property. Loss of mental capacity is a medical assessment that must be undertaken by a qualified professional. Once a person is declared to have lost capacity, a certificate is completed to confirm this. The certificate activates the EPOA. There are rare instances where capacity is lost and then regained again. What happens if you don\'t have an EPOA? If you lose your mental capacity, and therefore your ability to make your own decisions, no one, not even your spouse, will be allowed to manage your affairs on your behalf unless authorised by you via an EPOA. Without an EPOA, you may not be able to sell your house, manage your bank accounts or make important decisions concerning your health, living arrangements or related care decisions. If you lose mental capacity without an EPOA in place, your family or next of kin will need to apply to the Family Court for orders under the Protection of Personal and Property Rights Act 1988 to appoint a property manager and a welfare guardian to make these decisions for you. This process is both more costly and time consuming as it involves ongoing obligations and continued review of orders. An EPOA is one of the most important estate-planning documents an adult can have in place. Having EPOAs prepared now will ensure that you have full power over the appointment of your Attorneys, and will save your loved ones from the stress and additional cost of applying to the Family Court. How to put an EPOA in place You will need to contact a lawyer to prepare your EPOAs, who will guide you through the process. They will ask you for the following information: Who you want your Attorney to be. Select the Attorney carefully and consider whether you would like anybody else to have oversight of your Attorney’s decisions. It is vital that the person you select is one that you trust to understand and respect your wishes, and make important decisions that will affect you. Any conditions to your EPOA, provided these are practical and realistic (eg. whether you want back-up Attorneys, and the scope of the decisions your Attorney can make). In order for your EPOAs to be valid, a lawyer must advise you on the full document and witness your signature. To get the process started, get in touch with Holland Beckett and our EPOA experts will assist you.