Kathy Julian-Ward
Registered Legal Executive
tel:+6473495561
mailto:kathy.julian@hobec.co.nz
Qualifications
- New Zealand Legal Executive Certificate
- Fellow member of NZILE
Contact
- DDI: +64 7 349 5561
- M: +64 27 494 0886
- E: kathy.julian@hobec.co.nz
Kathy specialises in residential and commercial conveyancing together with subdivisions and asset protection.
From Holland Beckett’s Rotorua office, she also deals with all estate administration matters for the office and is enjoying progressing matters for families with the minimum of stress to them.
Kathy has 43 years’ experience in a wide variety of the law and enjoys forming longstanding relationships with her Rotorua based clients whilst being based their as well as her continued relationships with her Tauranga based clients. Since moving to Otakiri recently, she is enjoying dividing her practice between the Rotorua and Whakatane offices. Her main focus is providing sound, common sense advice and guidance to her clients to achieve their desired outcome in a low stress way.
When not spending time developing her new property at Otakiri with her partner and extended family, Kathy enjoys travelling, music and sport.
Kathy Julian-Ward's Expertise
Kathy Julian-Ward's News & Resources
September is Wills Month.
A Will is perhaps the most important piece of paper you can leave behind to support your loved ones. Why do you need a Will, what happens if you pass without a Will, and how best should you prepare your Will for your circumstances?
Download our Wills Month Information Pack.
September is Wills Month. Holland Beckett offer a free “Simple Will” if you leave a gift to charity in your Will.
Speak to the Holland Beckett Estates team about Wills Month and what charity giving options would best suit you.
Contact the team on estates@hobec.co.nz or call our offices on 07 578 2199.
The Last Lost Will – How to find a missing Will?
We often get enquires for missing Wills.
(Of course, these are not Wills that we have drafted - those are safely stored in the Holland Beckett deeds safe.)
Locating a missing Will can be very stressful and locating the original requires a systematic search.
If you know someone had a Will, the search must commence - without it, obtaining a grant of Probate is much more complex.
If you have a copy of the will, you may be able to seek Probate of a lost Will.
If the will does not surface, could it be that the person never did a Will? If so, an advertisement (discussed below) must be advertised before a grant of Letters of Administration will be issued by the Court.
If a Will cannot be found, the estate may have to be distributed according to New Zealand’s intestacy laws.
How to find a missing Will:
Check personal records and safe places:
Search the deceased’s home and personal papers.
Look in safes, safety deposit boxes, and any hidden or secure places where important documents might be stored.
Family and friends:
Sometimes family members or close friends may have a copy of the Will or know where the Will might be.
Contact their lawyer:
Reach out to the lawyer who may have drafted the Will. Lawyers often (and in our view should) keep copies of their clients’ Wills.
High Court:
If the Will has been probated (or perhaps it was made and sealed via Court proceedings - more on this another day), the High Court might have a copy. Contact the High Court in the region where the deceased lived.
Law Society advertisement:
If you are unsure which lawyer might hold the Will, contact the New Zealand Law Society to place an advertisement in newsletters received by all lawyers.
You can contact the Law Society to advertise for a will here: NZLS | Advertise for a will (lawsociety.org.nz)
As a matter of good practice, a lawyer will not release details of a Will to anyone - that is confidential to the Will-maker during their lifetime and when they have died, it is up to the executors.
The above also illustrates the need to talk to your friends and family about your Will, and where to find it should they need to. This can alleviate a lot of stress during what will be a difficult time.
For any Estate and Will queries, get in touch with our specialist team at estates@hobec.co.nz.
Wills and new relationships
How to avoid disinheriting your children without leaving your new partner high and dry.
If you have children from a prior relationship and a new partner it is important your Will balances the needs of your partner and children and each of their potential claims against your estate.
Family Protection Act 1955 obligations
Under the Family Protection Act, a person has a moral obligation to adequately provide for certain people in their Will. These people include partners, children and grandchildren. What is adequate depends on the circumstances, such as the size of the estate, the individuals needs and the needs of the other beneficiaries.
While you have a moral obligation to provide for your children in your Will, your partner usually does not have a moral obligation to provide for your children in their Will, unless they are minor or dependents when you pass.
If your Will leaves everything to your partner then:
If your children make a claim against your estate – they have a good chance of success as they have been left out of your Will. A claim is stressful for all involved, diminishes the value of your estate and can be detrimental to relationships; and
If your children do not make a claim against the estate – they might be left something in your partner’s Will, but your partner could later change their Will to exclude your children and your children would not be entitled to make a claim against their estate.
Property (Relationships) Act 1976
Unless a valid Contracting Out Agreement or Relationship Agreement is in place, a surviving partner has the right to choose whether to (A) make an application to the Court to divide the estate in accordance with their relationship property entitlement or (B) accept their gift under the Will.
It is important to understand that your assets are not just at risk in the event of separation, but also on death. For this reason, it is important to have relationship property advice to ensure your wishes are honoured on separation or death.
Possible Will structures
Here are three common Will structures for second or subsequent relationships.
1. Mirror Wills
You and your new partner create Wills leaving all assets to each other in exchange for a mutual promise that when you both pass your assets will be distributed in a certain way (for example, 50% to your children and 50% to your partners children). This creates a binding obligation on the survivor not to change the ultimate beneficiaries of their Will. The Wills can be updated provided you both agree during your lifetimes.
At its best, this structure gives the survivor a comfortable lifestyle while providing your children with reassurance that they will be provided for in the end.
There are some difficulties with this including:
Disgruntled children may still make a claim under the Family Protection Act. Speaking with your children about your Will can be helpful as it manages their expectations and prevents the feeling of a nasty surprise when you pass. Alternatively, you can make all of your assets joint in an effort to prevent a claim – as joint assets pass automatically to the survivor, making it much harder to make a claim.
While the survivor might not change their Will, the assets may be depleted during their lifetime so that your children receive a much lesser amount than you intended.
2. Early gift to children and residue to spouse
Your Will can leave a gift to your children (such as your Kiwisaver, a cash gift, a percentage of your estate or a life insurance policy) and the residue to your partner. This ensures your children receive something now while your partner still receives enough to comfortably live on.
If desired, you can use a combination of an early gift and mutual Wills so that your children receive something now and when you both pass.
3. Life interest Wills
This is perhaps the most certain way to provide for your partner during their lifetime and your children when both you and your partner pass.
Usually a life interest Will allows the survivor to live in a property (or substitute residence) for the rest of their lives on the basis they pay for outgoings. A life interest can also be over the whole estate, so that the survivor can live off any income generated from other assets (such as the proceeds of any bank accounts and investments).
This can also be beneficial for the survivor if they go into residential or hospital level care, as it will reduce the assets they own in their own name.
A life interest Will can be beneficial, but can also add cost and complication. A life interest creates a Trust and, for the rest of the survivor’s life there would be trustees involved in key decision making (such as selling and buying a new residence) and possibly ongoing tax returns for the estate.
Speak to a professional
If you have children from a prior relationship and a new partner, we can help you plan for the future in a way that protects all the people you love.
Holland Beckett can assist with preparing your Will or reviewing an existing one. If you have any queries please reach out to a member of our team.
We provide an obligation free online tool to provide you with further information based on your specific circumstances.
Click here to get started