Author |
Topic Search Topic Options
|
Freesia
Senior Member
Joined: 13 March 2007
Location: Auckland
Points: 5430
|
Post Options
Thanks(0)
Quote Reply
Topic: How do we do a will? Posted: 04 June 2008 at 8:49pm |
We don't have a lawyer and would like to do a will, primarily to state who we would like to care for Olivia if anything happened to the both of us. We don't have many major assets or our own home so I imagine we could keep it pretty simple for now. But we just have no idea how to go about it. What's the easiest way to do one?
And who do you have as an executor? Is it something a family member can do or is it a bit complicated and requires a professional? Are there any catches to having the public trust as executors?
Sorry with all the questions. We are doing a bit of travelling in the next month and I would just like something down so we know Olivia will be well cared for.
|
|
 |
Sponsored Links
|
|
 |
aimeejoy
Senior Member
Joined: 01 January 1900
Location: Dannevirke
Points: 6415
|
Post Options
Thanks(0)
Quote Reply
Posted: 04 June 2008 at 8:57pm |
We just did the free one with Public Trust online - have a look at their website it has all the details and is really easy. Later on if we actually end up with some money and assets we will do another one, but for now thats all we need as just wanted it for same reason as you.
|
Aimee
Hannah 22/10/05
Greer 11/02/08
|
 |
myfullhouse
Senior Member
Joined: 29 July 2007
Location: West Auckland
Points: 2944
|
Post Options
Thanks(0)
Quote Reply
Posted: 04 June 2008 at 9:03pm |
The first will I ever did was one that I bought from Whitcolls and it was basically a "fill in the blanks" which was really easy and quite cheap.
Anyone can be an executor, I don't think that it is very hard. I think their main job is to make sure your wishes are carried out.
|
|
 |
busymum
Senior Member
Joined: 01 January 1900
Location: New Zealand
Points: 12236
|
Post Options
Thanks(0)
Quote Reply
Posted: 04 June 2008 at 9:20pm |
Anyone who is an executor can always ask an accountant or other for advice anyhow. It wouldn't be that difficult, just has to be someone you trust. And let them know where to find your Will
We found it very difficult to decide on guardians... I mean, we're the best, right?  Also both our parents still have kids at home and none of our siblings had (have now) settled and had any kids. Got there in the end! We were motivated by bickering parents - I just know that if anything happened to us, there'd be two conflictors and two try-to-be-peace-makers amongst our parents!
|
|
 |
kasbee
Senior Member
Joined: 01 January 1900
Location: Bay of Plenty
Points: 591
|
Post Options
Thanks(0)
Quote Reply
Posted: 04 June 2008 at 9:20pm |
We havent done a will as such but both DH and i have stated and signed something that says my mum gets our children if anything were to happen to us.
I have been told to do a will by a friend of mine that works at a law firm, but havent got there yet
|
Kelly, mother to
4 wonderful children.
|
 |
emz
Senior Member
Joined: 25 November 2006
Location: Christchurch
Points: 5321
|
Post Options
Thanks(0)
Quote Reply
Posted: 05 June 2008 at 12:14am |
I know our law firm charges about $80 for a basic one and they keep it on site permanently so if you die its there ready to go.
Just be careful about personal things that aren't witnessed etc... they can be contested in court. We had one of those and our lawyer said it was potentially worthless so we got new wills written (I'm lucky though that as an employee I get free legal work *yay*) but $80-100 isn't bad for peace of mind.
And your executor is anyone you trust that isn't named as a beneficiary in your will (otherwise it's a conflict of interests).
|
 |
Redbedrock
Senior Member
Joined: 01 January 1900
Location: Wellington, New Zealand
Points: 1153
|
Post Options
Thanks(0)
Quote Reply
Posted: 05 June 2008 at 8:24am |
We did our will and guardianship papers fro Day through opublic trust, it was free to do and they take a percentage from your estate at the other end. As Fay was only a few weeks old when we did it, the solicitor came out to me at home to sign the papers. we sorted out guardians for Fay both short term as in some one from NZ to take over immediatly and someone from family in the UK to make long term decisions on our behalf. We also did a thing where if something happended to you and you are unable to make your own decisions, medical or social then your partner has power of attorney (except I don't think it's that exactly, but Baby brain has crept in today) and can make decisions on my behalf. There were cost involved the the other two papers but the will itself was free, PT will be executors of the will and also of a Trust fund for Fay if anything should happen to us
Hope that makes sense, severe baby brain today, I must be having a relapse
|
|
 |
Freesia
Senior Member
Joined: 13 March 2007
Location: Auckland
Points: 5430
|
Post Options
Thanks(0)
Quote Reply
Posted: 05 June 2008 at 8:55am |
I might look up an internet one and just do one of them for now. DP doesn't think we have to worry about people contesting custody of Livvy but I really want one in place to be safe.
I guess we can always do another one later that is more thorough.
With the power of attorney thing, does it not come down to your partner anyway? or do you state it so that there isn't any conflict with your family?
|
|
 |
Andie
Senior Member
Joined: 01 January 1900
Location: New Zealand
Points: 3614
|
Post Options
Thanks(0)
Quote Reply
Posted: 05 June 2008 at 9:29am |
I think you state it to avoid any big debates about it. We did ours through a lawyer, and I'd recommend that - Public Trust are fine too, but they do take a percentage of the estate at the end of it all. The lawyer just takes their fees. I was suprised at how easy it was to draw up - the big decision for us was guardians for our kids, and once we had those chosen, it was a piece of cake. You also need to think about the age you want your children to reach before they inherit anything, should it come to that.
|
Andie
|
 |
emz
Senior Member
Joined: 25 November 2006
Location: Christchurch
Points: 5321
|
Post Options
Thanks(0)
Quote Reply
Posted: 05 June 2008 at 11:53am |
No POA doesn't automatically go to your partner, and if they are away for some reason (take my Dh in the army) I can do whatever I like with his money as I have POA  Makes life a lot easier, all you have to do is take the POA if you need to do anything. Piece of cake.
I don't trust PT... cheaper in the long run to pay a lawyer than have them take a part of your estate when you die.
|
 |
staceym
Groupie
Joined: 15 December 2007
Location: Pukekohe
Points: 77
|
Post Options
Thanks(0)
Quote Reply
Posted: 05 June 2008 at 2:13pm |
WE are both from the UK and I still own property over there and before we came over 18 months ago we just popped into my family soliciters and got them to do one for us it cost but I know every thing is safe and the property is already left to the children even thogh not born yet with DH and mother as executors.
Makes life alot easier knowing things are under control and done legally
|
 |
Bombshell
Senior Member
Joined: 01 January 1900
Points: 6665
|
Post Options
Thanks(0)
Quote Reply
Posted: 05 June 2008 at 2:20pm |
$100 for a properly done will with a law firm is worth it. It is also held in a deeds safe and they do a search is you pass on if need be. They will also do probate etc normally and will assist family members after you pass.
We do not support the internet ones and have seen many of those not completed and executed properly.
Public trust is fine - both PT and law firms will charge executor fees if they are executors of wills and need to exercise that role after you pass.
|
 |
kabe
Senior Member
Joined: 11 February 2007
Location: Northshore
Points: 3069
|
Post Options
Thanks(0)
Quote Reply
Posted: 05 June 2008 at 2:50pm |
We recently drew up wills with a lawyer. Can't remember what it cost us. Think a couple of hundred. We didn't want to do it through the PT,as they take a percentage, and we'd rather nominate executors ourselves. We chose my brother and father as executors.
Basically we said that all our assets would go to each other if one of us died. If we both croaked, they would go to our daughter. If all 3 of us croaked, it would be split evenly between our two family's. Apparently this is pretty standard. We also nominated my bro & his wife as caregivers for our child should anything happen to us.
Not a very nice thing to think about, but impt to do.
|
|
 |
Freesia
Senior Member
Joined: 13 March 2007
Location: Auckland
Points: 5430
|
Post Options
Thanks(0)
Quote Reply
Posted: 05 June 2008 at 3:03pm |
If we don't have a lawyer can you just rock on up to one and ask them to do this for you as a one off thing? Sorry, we just haven't had to do anything like this before and don't know the ins and outs of it all.
|
|
 |
staceym
Groupie
Joined: 15 December 2007
Location: Pukekohe
Points: 77
|
Post Options
Thanks(0)
Quote Reply
Posted: 05 June 2008 at 3:23pm |
I think you can just go into one and they have specialist people who do them, the best thing to do is give a couple a ring and ask them what services they do as you are not kinda registered with that company but are protecting your future, they unforunatly are the best people to ask and will tell you what to do.
I think going with a qulified person to do it is safer, I know i feel protected and nothing will be left out
|
 |
fire_engine
Senior Member
Joined: 03 November 2007
Points: 6260
|
Post Options
Thanks(0)
Quote Reply
Posted: 05 June 2008 at 4:04pm |
Guilty conscience - I keep putting this off. In our case it's free since DH is a lawyer. You can go with Public Trust, but I wouldn't (DH has had lots of experience dealing with them and their stupidity/ignorance). We've done EPOAs for finance and health just in case it's ever an issue. I really recommend getting EPOAs done - I work in health and see lots of families where they don't have them and in some cases the issues end up in court (cos the person is severely brain injured and has reduced decision making capacity) which costs a bomb, often b/c the paperwork isn't done.
There was an interesting article in Little Treasures recently about young widows. One of the comments was that if you have life insurance and you don't have a will specifying the money goes to the partner, then the money is split between the kids and partner. We have life insurance so that if one of us dies, the mortgage would be paid, so that's one reason to have a will spelling it out.
We'll give everything to the each other; if we die it will be split between kid/s and probably held in trust till they're 21 or something. Guardians - one of my sisters and their husbands (not sure which yet and it's an interesting way to start a conversation!). In the will, you probably want to specify if they get anything to assist with the costs of an extra mouth/s. You can also include stuff like where you want to be buried. Executors - we'll probably have the partners in DH's law firm.
Yes, just ring round some local law firms. They usually have flat fees for wills/POAs as long as they're not complex.
My reason for putting it off is that I'm hugely hormonal at the moment, and the thought of DH dying and this all being a reality is just too much, so I'm avoiding it!!
|
Mum to two wee boys
|
 |
minik8e
Senior Member
Joined: 01 January 1900
Location: Taranaki
Points: 5838
|
Post Options
Thanks(0)
Quote Reply
Posted: 05 June 2008 at 4:47pm |
Just my 2c worth for Power of Attorneys....even if you're married, it doesn't mean you get automatic rights to act on behalf of your partner in relation to some things (personal accounts, healthcare decisions etc). For example, a bank won't deal with someone regarding an account if they don't have a power of attorney in place. I have seen a lot of problems that have arisen as a result of no POAs being in place. In saying that, we still haven't done ours, or our wills...it's one of those "I'll get around to it" things. I will just draft our own and get them properly witnessed (this means by 2 people who are not involved in the Will in any way, and aren't relatives). I also wouldn't use Public Trust, or Guardian Trust, but that is my own opinion mainly because of previous experiences dealing with them and also their fees that are charged.
|
 |