Maia Adams

Online Will platforms and artificial intelligence (“AI”) tools now promise fast, low‑cost solutions that can generate a Will in minutes. At first glance, the attraction is obvious. These tools are easy to access, relatively inexpensive, and avoid what many people see as the hassle of engaging a lawyer. Everyone thinks it is “very simple”. For some, that feels like progress. A Will is not a consumer product. It is a legal document that only has one chance to work correctly. The intentions and hopes of the person who drafted it can only be distilled from that document. When you look at online and AI‑generated Wills through that lens, the risks become harder to ignore. The “One‑Size‑Fits‑All” Problem Most online Will platforms and AI tools rely on fixed templates and limited questionnaires. That creates immediate issues: They assume family arrangements are straightforward. They do not probe for nuance. They rely on users knowing what information is legally important. In New Zealand, estates are often anything but simple. Blended families, de facto relationships, trusts, overseas assets, and relationship property claims are common. AI cannot identify issues that have not been disclosed - and many people simply do not know what they should be disclosing in the first place. The result is rarely just a “basic” Will. More often, it is a Will that does not match the real needs of the client. Getting the Formalities Wrong For a Will to be valid in New Zealand, strict legal requirements must be met. It must be in writing, signed by the Will‑maker, and witnessed by two independent witnesses who are present at the same time. Online platforms can produce a document - but they cannot ensure it is executed correctly. They do not supervise signing, check who the witnesses are, or confirm that signing is completed in accordance with the law of the country in which the Will is being signed. They also cannot ensure that it is stored correctly, is not lost or altered or marked in any way. If those steps are not followed properly, the Will may be invalid. That often is not discovered until after a person has died, when it is too late to fix. In some cases, the estate ends up being distributed under the intestacy rules instead, which is plainly not what the deceased intended. Drafting Errors and Ambiguity AI‑generated documents often look polished. That does not mean they are legally sound. Common issues include unclear wording, inconsistent clauses, incorrect use of legal terms, and failure to account for future events. In a Will, even small ambiguities can cause big problems: competing interpretations, disputes between beneficiaries, delays, and higher administration costs. AI does not understand the legal effect of what it is generating. It is reliant on a prompt which in itself may be incorrect or misleading. No Legal Judgment or Risk Assessment Good estate planning is about far more than drafting words on a page. It involves identifying risks and planning around them. That includes assessing the likelihood of Family Protection Act claims, relationship property disputes, or challenges from disappointed beneficiaries. It also means considering how assets are structured, whether trusts still work as intended, and how the plan will hold up if circumstances change. AI cannot do this. It does not give advice, challenge assumptions, or warn you when something may unravel later. A solid estate plan can culminate in very straightforward and simple drafting. The best estate plans often work out this way, but after comprehensive review and discussion about the circumstances for that client and their wider family. Jurisdiction Matters — and AI Often Gets It Wrong AI tools are not inherently New  Zealand‑specific. We are already seeing Wills that use the wrong language, apply foreign law, or fail to deal properly with trusts and relationship property under New  Zealand law. For clients with offshore assets or international connections, those risks increase significantly. No Accountability if Something Goes Wrong When a lawyer prepares a Will, there is professional accountability. Advice is documented, and indemnity insurance sits behind the work. Many online and AI platforms are unregulated. Their terms of use often exclude liability altogether. If the Will fails, there is usually no recourse. Further, there is a risk in terms of undue influence, or capacity issues. This may arise where family members assist with the drafting of a Will. AI cannot confirm if the Will-maker is mentally capable or is signing free of coercion. Having not had independence and proper process followed by a legal advisor, even a Will which appears to be valid on its face can be challenged. The emotional and financial cost falls on those left behind. Privacy and Data Concerns Preparing a Will requires disclosing deeply personal information: assets, family relationships, health issues, even questions of capacity. Using AI platforms often means uploading that information to third‑party systems. There is a real risk of data being stored, shared, or mishandled in ways the user does not fully understand - a particular concern in an area of law built on confidentiality. The False Economy Online Wills reduce upfront cost, but saving money at the start can be misleading. Errors and ambiguity increase the risk of disputes and the cost of administering an estate. Where AI Does Add Value Used properly, AI can be helpful in estate planning. We are seeing clients who are more educated and come to us with some information or thoughts regarding their estate planning. Alongside legal judgment and tailored advice (as well as accountability), clients can be reassured that they have a plan and documents in place which will endure and give best effect to their intentions. Technology can support the process - but it should not replace professional oversight. For most people, particularly where there is any complexity at all, the prudent approach remains the same: use technology thoughtfully, but ensure your Will is properly drafted, reviewed, and executed with specialist legal advice.

Losing a loved one is never easy. Alongside the emotional impact, there are practical and legal steps that need to be taken to administer their estate. At Holland Beckett, our goal is to make this process as straightforward as possible. As part of that, we explain the legal terminology you may encounter in clear, practical terms so you know what to expect at each stage. Common Terms Explained Affidavit: A formal written statement that is sworn or affirmed to be true, usually for filing in Court. Bequest / Legacy: A gift left to someone in a Will. “Legacy” is often used where the gift is money. Beneficiary: A person entitled to benefit from a Will or Trust. Capacity: A person’s legal ability to make decisions or enter into binding arrangements. In the context of Wills, this refers to whether a person is of sound mind when making their Will. Different rules can apply depending on the situation. Codicil: A document that amends an existing Will rather than replacing it entirely. Common Form Probate: The usual process for applying for probate where there is no dispute about the Will. Devise: A gift of land or property in a Will. Disclaim / Renounce: To refuse or give up a right or benefit. an executor may renounce their role. a beneficiary may disclaim a gift under a Will. Estate: Everything a person owns in their own name at the time of their death. Execution (of a document): Signing a document in a way that meets legal requirements, including witnessing. Executor: The person named in a Will who is responsible for administering the estate. Issue: A person’s direct descendants, including children, grandchildren and further generations. Intestate: When a person dies without a valid Will. In that case, the estate is distributed according to statutory rules. Letters of Administration: A Court order appointing someone to administer an estate where: there is no Will, or there is a Will but no executor is willing or able to act. Life Interest: The right for someone to use or benefit from an asset (for example, living in a house) for their lifetime, with the asset passing to someone else afterwards. Probate: A Court process confirming that a Will is valid and giving the executor authority to administer the estate. Residuary Estate: What remains of the estate after all debts, costs and specific gifts have been dealt with. Residuary Beneficiary: A person entitled to share in the residuary estate. Solemn Form Probate: A more formal Court process used where a Will is disputed or there are concerns about its validity. Testamentary: Something that arises under a Will, such as a testamentary trust. Testamentary Capacity: The legal ability to make a Will. Generally, a person must understand the nature and effect of making a Will, the extent of their assets, and who might reasonably expect to benefit. Testator / Testatrix: Older terms referring to a person who has made a Will. Today, “Will-maker” is more commonly used. Our Approach While some legal terminology is unavoidable, it should never be a barrier to understanding what is happening. We guide our clients through each step of the estate administration process in clear, practical terms, so you always know: what needs to be done; why it matters; what decisions you may need to make. How We Can Help If you would like advice on estate planning or estate administration, our specialist succession and estates team is here to support you with clear, practical guidance at every stage.

Effective 24 September 2025, the threshold for informal administration under the Administration Act 1969 has increased from $15,000 to $40,000. This long-awaited change (which had not been updated since 2009) brings significant relief for families dealing with modest estates. Administration without a Grant from the Court The increase in threshold allows certain financial assets to be released when someone dies without requiring a formal grant of probate or letters of administration. The process is governed by sections 65(2) and 65(5) of the Administration Act 1969 and applies only to specific institutions and asset types. What assets are covered? The new $40,000 threshold applies to financial assets held by: Superannuation fund trustees Societies Banks Employers Local authorities Trustee corporations Kāinga Ora ACC MSD The Crown These institutions may release funds without probate, provided they are satisfied the owner has died and the recipient is one of the eligible persons listed in section 65(2)(a)–(e). Life insurance policies under section 65(5) are also covered by the new threshold. What is not covered? The increase does not apply to: Shares and debentures (threshold remains $15,000) Non-financial assets such as real estate, vehicles, jewellery or artwork Cryptocurrency, as exchanges are not listed institutions under the Act If these assets are involved, a formal grant is still required. Does it apply to deaths before 24 September 2025? Yes. The Act specifies that the new threshold applies regardless of the date of death, as long as no grant has already been issued. Families may choose to wait until after 24 September 2025 to benefit from the new threshold. Checks and balances Institutions retain discretion and may refuse informal administration. Policies vary and may evolve in response to the change. Practitioners should be aware that institutions are protected under section 65(6) for payments made in good faith. Funeral expenses: are they extra? No. While banks may release funds directly to funeral directors, this is not added to the $40,000 threshold. The prescribed amount is assessed as at the date of death. What does this mean for you? If you are managing a loved one’s estate, or advising on estate planning, the higher threshold may offer a simpler and faster pathway where assets are modest. It may also reduce legal costs in some cases, while also reducing the administrative burden on the High Court. However, it remains essential to have a valid Will and proper estate planning in place – especially as more estates are growing in value or involve trusts, cross-border assets or complex family structures. If you are unsure whether a grant of administration is needed, our succession and estates team is here to help.  

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 September 2025 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 due to changes in trust law, compliance costs, aging/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. Holland Beckett’s specialist succession and estates team provide expert advice on succession planning and can help to create a Will that best reflects your individual situation. This article was first published in the New Zealand Herald and Bay of Plenty Times, July 2025.

Many people assume that writing a Will gives them absolute control over who receives their property when they die.  While that’s largely true in principle, New Zealand law imposes limits on testamentary freedom - particularly when it comes to children and other close family members. If you are thinking about leaving a child out of your Will, it is important to understand what the law allows, what risks you may be taking and how you can best structure your estate planning to achieve what you want. What does it mean to disinherit a child? Disinheriting a child means deliberately choosing to exclude them from your Will - leaving them nothing, or only a token gift, in favour of other beneficiaries such as a spouse, a charity, or another child.  This might be because of estrangement, past conflicts, financial independence, or other personal reasons. Can I disinherit my children? Yes, you are allowed to make a Will that leaves your assets to whoever you choose.  However, that decision can be challenged after your death if the law finds that you failed to meet your obligations to your children. In New Zealand, the key legislation that allows Wills to be challenged is the Family Protection Act 1955 (FPA). What is the Family Protection Act 1955? The FPA gives certain family members - including children of any age - the right to challenge a Will if they believe the deceased failed to make adequate provision for their proper maintenance and support. This does not mean children are automatically entitled to a share of your estate.  However, it does mean that if you exclude them, a Court will consider whether that exclusion was appropriate, given the circumstances. Who can claim under the FPA? Spouses and civil union partners De facto partners Children (including adult children) Grandchildren (if their parent is deceased) Stepchildren (in some cases) Parents (only if the deceased left no spouse or children) What will the Court consider? When deciding whether a parent has breached their moral duty to a child, the Court looks at a range of factors: The size of the estate The child’s financial needs and circumstances The relationship between the parent and the child Any contributions the child made to the estate The needs and claims of other beneficiaries Whether the child was supported or gifted during the parent’s lifetime Importantly, being estranged or financially independent does not automatically disqualify a child from succeeding in a claim. If the Court can just step in, then does disinheritance ever succeed? Yes - there are cases where disinheritance has been upheld by the Courts, particularly where: The child is financially well-off, and the estate is modest The relationship was seriously broken, and the parent had good reasons for exclusion The parent has clear documentation explaining the decision Other beneficiaries (e.g. a surviving partner or dependent child) have stronger moral claims But there are also many cases where Courts have re-allocated estates, awarding disinherited children a portion of the assets because the parent’s Will failed to meet their legal duties. What about Trusts or gifting assets before death? Some people try to avoid FPA claims by transferring assets into Trusts or giving them away before death.  These strategies can work - but they come with risks: If challenged, they may trigger litigation under other laws (e.g. the Property (Relationships) Act 1976 or Law Reform (Testamentary Promises) Act 1949) Trusts must be carefully structured to avoid sham arrangements It is essential to get advice before taking these steps, as poorly executed strategies can lead to costly and protracted disputes. Get advice If you are considering disinheriting a child, you are best to get advice from a lawyer specialist in this area.  Best practice in this situation would include the following steps: Clearly record your reasons in a written memorandum to be stored with your Will Consider leaving a modest legacy to the child to reduce the likelihood of a claim Avoid emotional or vague explanations - focus on objective factors Ensure your Will is up-to-date and properly witnessed

Being appointed as an Executor in a Will is a significant responsibility.  You are entrusted with administering the estate in accordance with the Will and New Zealand law. This includes identifying and managing all assets, which may range from bank accounts and property to investments.  There is also the emotional side of supporting a family, and dealing with your own grief in the process. We work closely with executors to support them as much as they need. The following outlines the key steps taken by executors/legal advisors as part of the estate administration process. 1. Locate the Will and Confirm Your Appointment Your authority to act comes from the Will.  Once you have located the original signed Will and confirmed you are named as executor, you are responsible for securing and protecting the estate’s assets. If more than one executor is appointed, all executors must act jointly.  Asset holders will require consistent instructions from all executors before releasing information or funds. It is very important that you keep the Will in a safe place and do not alter or mark it in any way. 2. Apply for Probate Before you can access or deal with most estate assets, you will need to obtain Probate.  This is a High Court order confirming that the Will is valid and that you are authorised to act as executor. Most asset holders — including banks, investment managers, and mortgage trusts — will not release or transfer assets until Probate has been granted. 3. Notify All Asset Holders You must identify the assets and liabilities of the estate such as bank accounts, property, insurance, shares, income streams and debt. Once Probate is underway, you should contact each organisation where the deceased held assets. This may include: Banks KiwiSaver providers Investment managers Share registries Insurers Each organisation will advise you of the documentation required and the options available for dealing with the asset. This typically includes providing: A certified copy of the death certificate A copy of the Will Identification for all executors A copy of the Probate order once granted If the estate includes fixed term or income producing investments, the provider will confirm how interest or returns are treated and whether early withdrawal is possible. Investments held in joint names pass jointly by survivorship in most cases. Some other assets transfer to a named beneficiary automatically on death, i.e some life insurance policies. KiwiSaver can never be held jointly, and will always pass to an estate to be distributed pursuant to a Will (or the rules of intestacy). You must also notify the beneficiaries of the Will and make relevant disclosures to them.  Your estate’s lawyer can assist with this. 4. Protect and Manage the Estate\'s Assets Any assets should be secured so far as possible.  For example, if there is a property, you should check who has access to keys, that the insurance is up to date and that any expenses (such as rates, water and power) are up to date. Executors have a legal duty to preserve the value of the estate.  This includes: Confirming balances and ownership detail Reviewing maturity dates for fixed‑term investments Ensuring income continues to be paid to the estate Making prudent decisions about whether to retain or redeem investments Any decisions must be made in the best interests of the beneficiaries. 5. Pay Estate Debts and Expenses Before distributing any assets, you must settle the estate’s liabilities, including: Funeral expenses Taxes Professional fees Outstanding debts Funds released from investments or bank accounts may be used for these purposes once paid into the estate account. Executor expenses In New Zealand, the general rule is that an executor cannot charge for their time unless there is a specific clause in the Will allowing them to do so.  However, executors are entitled to reimbursement for their reasonably incurred expenses.  This could include if you were to pay the insurance for an estate property or a rates bill to avoid a late fee. 6. Distribute the Estate Once debts have been paid and the estate is ready for distribution, you may: Redeem investments and distribute the proceeds, or Transfer investments to beneficiaries (if permitted by the Will and accepted by the provider). Asset holders will require formal written instructions from all executors before releasing or transferring funds. Risks facing executors As executor, you are required to act with neutrality and independence, while doing your best to follow the wishes of the Willmaker.  Potential arguments can arise between family members who may be unhappy with the terms of the Will. Before making distributions, you should seek advice from your estate’s lawyer to ensure you are not exposing yourself to undue risk.  You also should take advice as to how to manage any conflict between the beneficiaries and how to deal with potential claims.  You can attempt to reach agreement with all beneficiaries as to how assets are to be distributed, but if there is no agreement it will be for a Court to decide. Due to potential personal liability, it is strongly advised that the estate’s assets are generally not distributed until the expiry of six months.  In practice, estates can take several years to distribute. 7. Maintain Accurate Records Executors must keep clear and complete records of: All correspondence with asset holders Balances and income received Decisions made regarding retention or withdrawal Final distribution amounts These records form part of your executor’s account and help protect you from personal liability. 8. Key Considerations for Estates with Managed Investments Where the estate includes investments such as those held with mortgage trusts, fund managers, or other investment providers: Fixed‑term investments may not be immediately accessible. Executors should check maturity dates early to manage timing expectations. Interest or returns may continue to accrue after death. Providers will confirm how this is handled. All executors must sign instructions. Investment providers cannot act on partial or individual directions. Early withdrawal may require approval or may not be available. Executors should consider whether early redemption aligns with their duty to act prudently. Administering an estate can be complex, particularly where investments or fixed‑term assets are involved. Understanding your obligations and the steps required will help ensure the estate is managed efficiently and in accordance with the Will. Executor’s Decision Making Executors are appointed by the Willmaker to carry out their intentions.  It is important to always consider the intention and wording of the Will before making any decisions.  Those close to the deceased will want to be involved in any decisions and this should be welcomed.  The executor will work as a neutral person making sure that the wishes of the deceased are upheld eg. if they want to be cremated making sure that this is done, or the specific bequests are carried out. Where there are intimate decisions that need to be made eg. where to bury the body and the Will will not necessarily specify this – it is the role of the executor to facilitate discussions and agreement between the whānau. What is a Statement to Accompany a Will or a Memorandum of Wishes A Statement to Accompany a Will is a statement made by the Willmaker explaining any decisions made in the Will.  It provides more of an understanding around what the intention of the Willmaker was at the time of drafting and signing the Will. The Memorandum of Wishes is similar to the Statement whereby it gives the executor or trustees further instructions with the Will and helps give insight into what decisions they want to be made.  Neither of these documents are legally binding, however, it is useful to read them and consider what they are wanting to achieve. Can I get out of it? If you are unable or unwilling to be an executor, the next nominated person in the Will can be appointed.  You will need to renounce before you take any steps to administer the estate. If you have accepted the role as executor and the estate administration is ongoing, you cannot simply retire, but rather you have to apply to the Court to be removed (and replaced if required). The role as executor will continue for a long period of time, for example where the estate holds a property and a beneficiary has a life interest to live in it, or there are minor children not due to receive their inheritance until a certain age.  If this is the case and you no longer want to be an executor, then provided the estate administration steps have been completed (gathering of assets, paying debts), then it is possible for an executor, who is now technically a trustee of the estate, to retire and another to be appointed by Deed rather than involving the Court.  Frequently we see executors retire in this situation and an independent trustee or trustee company is appointed to continue the ongoing management of the estate and manage the obligations to beneficiaries. How to get important information The best way an executor can obtain information about the Willmaker’s assets and liabilities would be before death.  If you find yourself aware that you are an executor of an estate, have a conversation with the Willmaker. Where do they keep their bank statements or passcodes if you need to locate them, who is the property insured with?  Make sure that if there are any updates that you are aware of these. It pays to have an updated Will, necessary statements or instructions for the executor and to have regular conversations about what you would like to have happen when you die. Talk to our succession and estates team about your options and to obtain the right advice for you.

Ideally, a Will is prepared with a lawyer after careful consideration. Someone facing imminent death or decline may want to urgently prepare a new Will or update their current Will. These Wills are often referred to as deathbed Wills, last minute Wills or bedside Wills. These Wills are valid if executed properly. Technical Requirements For a Will to be valid it must meet the requirements in s11 of the Wills Act 2007 (“the Act”): The Will must be in writing; The Will-maker must sign the Will (or direct another person to sign on their behalf in their presence) in the presence of two independent adult witnesses; The witnesses must then sign the Will confirming they were present when the Will-maker signed the Will. The Will-maker must have also intended to make a Will. It is relatively common for last minute Will-makers to use family members to witness their Will, often because they are immediately available at the time. However, this can invalidate the Will or a gift within the Will if a witness is a beneficiary or the partner of a beneficiary. If a Will does not meet the validity requirements, the Court can declare a Will valid under s14 of the Act. However, this can be an expensive and time consuming process, particularly if there is a dispute amongst beneficiaries. Grounds for Challenge If the Will is technically valid, the mere circumstances in which it is prepared makes the Will more vulnerable to challenge. This includes if the terms of the Will differ considerably from the terms of a previous Will or, where there is no previous Will, from the laws of intestacy. The more significant the changes from a previous Will or conventional norms, then the greater likelihood that consideration must be given to the issue of capacity or undue influence. For example, leaving an estate to an acquaintance or neighbour rather than the Will-maker’s children would be considered a significant change. Challenges on the Basis of Incapacity A Will-maker must have testamentary capacity at the time of making the Will. Illness and strong medications can impact a person\'s ability to understand the nature and effect of their Will. If there are any doubts as to capacity, this makes the Will vulnerable to challenge on the basis of incapacity. The test for capacity was established in Banks v Goodfellow. At the time of signing the Will, the Will maker must: Understand they are making a Will and the effect of doing so; Understand the extent of their property being dealt with under the Will; and Appreciate moral claims which they ought to give effect to. If a person is making a last minute Will, a doctor’s certificate confirming the Will-maker’s capacity and a lawyer’s file note will minimise the risk of a challenge. Challenges on the Basis of Undue Influence Where a Will makes a drastic departure from previous Wills or the rules of intestacy prior to death, questions of undue influence arise. This refers to a situation where someone has coerced or applied pressure to get a Will-maker to sign a Will. Undue influence affects whether a Will is valid or not. A person alleging undue influence must establish that the alleged influence led to the Will and that the terms of the Will were not the result of the Will-maker’s own free judgment. Preparing your Will Ideally, you should prepare your Will when you are fit and healthy. If you or your loved one are making a last minute Will, we strongly recommend engaging a lawyer to ensure the Will is valid and practical. This will provide certainty for you and your loved ones.

A well drafted Will reduces the time, money and stress of administering your estate when you pass. At Holland Beckett, we take the time to ensure that your Will suits your circumstances, while keeping it simple. Below are our top 5 tips to ensure that your Will is fit for purpose: 1. Choose the right executors and trustees of your Will The executors and trustees (“Trustees”) carry out the terms of your Will. Trustees must be neutral between the beneficiaries (not biased) and make decisions together. We recommend that you pick two Trustees who live in New Zealand, can work well together and are neutral towards your beneficiaries. This will help to make the administration of your estate straightforward and cost effective. Where possible at least one Trustee should be younger than you, as it can complicate matters if your Trustee(s) have already passed away before you. If your Will is complex or you think that there may be a dispute in the family after you die, then you could consider appointing an independent professional as your Trustee. 2. Dealing with personal items When it comes to distributing personal items there are typically two options. The first, is to leave everything to a person or group of people and let them sort it out. The second, is to list what you want to do with each valuable or sentimental item.  If you prefer the second option, rather than listing each item in your Will, you can leave your personal items to your executors to distribute in accordance with any wishes you make known to them. You can then make a list which can be updated at any time, without the hassle and expense of updating your Will. The list should be kept in your lawyer’s deed safe with your Will.  3. Cash or percentage gifts We recommend that you do not leave a cash gift in your Will. This is because, over time, circumstances can change and that gift may become a much larger or much smaller portion of your estate than you intended. Instead consider leaving a percentage of your estate. For example, instead of giving $10,000 to each of your grandchildren you could consider giving a percentage of your estate equally to your grandchildren. This means the gift will increase/decrease proportionately.  4. Understand how your property is owned If you are leaving everything to your partner, check to see if your property is jointly owned. Jointly owned property (property ownership as joint tenants) passes automatically to the survivor, which makes for a quick and hassle free process. Any asset over $40,000 requires an application for probate (Court authority) to deal with that asset.  Check how your insurance policies are owned. If you own the policy, your estate will likely need to apply for probate and the proceeds will be distributed in accordance with the terms of your Will. If the policy is jointly owned, or owned  by someone else, then that person may be able to access the policy straight away.  If in your Will you leave your partner a life interest to live in a property, that property should be owned as tenants in common (where you each own a share). 5. Understand your debts If you want to leave a vehicle or property to a beneficiary that is under finance, consider how the debt will be repaid – does your estate have enough to repay the debt? Are you giving that particular property to the beneficiary on the condition they take on the debt?  Unfortunately, even the most carefully crafted Will can become impractical or even void if your circumstances change. While we try to plan for this with our Will drafting, if you have any major change in circumstance - such as a birth, death, marriage, separation, divorce or a family member moving overseas – you should have your Will reviewed and potentially updated. 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 succession and estates team.