Frequently Asked Questions

Find FAQs related to last will and testaments. This is the place to learn more about wills, trusts, estate planning, holographic wills, living wills, inheritance, and other legal matters

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These are the most common and recognised type of Will

These are the most common and recognised type of Will and invariably require two non-beneficiary witnesses to be present at the same time to witness the Testator’s signature to their Will. A simple or statutory Will is a “one-size-fits-all” document that works well for people with small, uncomplicated estates.

Category: Will Types

A Will depending on certain conditions happening

This type of Will specifies that its provisions are only valid if a certain event happens or does not happen. A common example is the beneficiary reaching a certain age. If the condition in the Will is not met, and the person does not have another Will, the estate will be distributed as if there were no Will.

Category: Will Types

Simple Will is the most common and recognised type of Will

Also known as a Mum and Dad Will, these are the most common and recognised type of Will and invariably require two non-beneficiary witnesses to be present at the same time to witness the Testator’s signature to their Will. A simple Will is a “one-size-fits-all” document that works well for people with small, uncomplicated estates. You can prepare one by filling in the blanks in a-specific template that contains standard terms that meet your state’s legal requirements.

Category: Will Types

Mum and Dad Will are the most common and recognised type of Will

Also known as a Simple Will, these are the most common and recognised type of Will, and invariably require two non-beneficiary witnesses to be present at the same time to witness the Testator’s signature to their Will. A simple Will is a “one-size-fits-all” document that works well for people with small, uncomplicated estates. You can prepare one by filling in the blanks in a-specific template that contains standard terms that meet your state’s legal requirements.

Category: Will Types

A Living Will or Advance Directive in NZ sets out instructions for what type of medical treatment you want should you be unable to communicate your wishes at that time

A Living Will or Advance Directive in NZ sets out instructions for what type of medical treatment, if any, you want administered in case you are unable to communicate your wishes at that time. Such as , whether you want to be put on a respirator or have a feeding tube, and whether you should be resuscitated if you stop breathing. It is not a document that distributes your assets after you die.

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Category: Will Types

If you have set up a living trust, you can use this type of Will to name the trust as your primary beneficiary. When you die, any probate assets not already named in the trust will pour into it and be distributed according to its terms

Category: Will Types

This is a Will you’ve written yourself.

These are Wills made in your own handwriting and preferably should be witnessed at the time. Ideally you should sign and date it.

Category: Will Types

This is a spoken Will telling someone how you want your estate distributed on your death.

This is a spoken Will not written. You tell someone how you want your estate distributed on your death.

A Will may be made orally if it is a privileged will (a will which can be made by a member of the armed forces employed in an expedition or engaged in actual warfare). It is highly undesirable to make an oral Will, as it can be difficult to acquire probate from the Courts. Ideally a Will should be made in writing.

These are also called deathbed Wills.

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Category: Will Types

Couples, usually spouses or civil partners, may each make identical Wills leaving everything to the other person.

Couples, usually spouses or civil partners, may each make identical Wills leaving everything to the other person. Each Will may also include the same, mutually agreed upon beneficiaries should they both die at the same time. The survivor can change their Will at any time. Also known as Mirror Wills.

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Category: Will Types

couples make identical Wills leaving everything to the other person

Couples, usually spouses or civil partners, may each make identical Wills leaving everything to the other person. Each Will may also include the same, mutually agreed upon beneficiaries should they both die at the same time. The survivor can change their Will at any time. Also known as Reciprocal Wills.

Quite common today for couples rather than Joint or Mutual Wills.

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Category: Will Types

This is comprised of two separate Wills with identical provisions

This is comprised of two separate Wills with identical provisions, similar to mirror Wills. However, each contains a promise that the survivor will not make changes later, similar to the joint Will.

There can be serious legal complications with this type of Will. A Lawyer should draft a complimentary deed between the parties.

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Category: Will Types