It is important to have a Will that is drafted and signed correctly, regardless of your age and stage in life. In your Will, you leave detailed instructions about what you want to be happen to your property and possessions when you die, who the guardians of your children will be, and any bequests to charities. If there’s no written legal document, your assets could be distributed in a way that’s different to what you would have wanted.
When you pass away, your executors or administrators will need assistance to manage your estate. At Hammonds Law, we have plenty of experience in guiding executors through the process. We handle formal applications for Probate or Letters of Administration, manage estate property, liaise with financial institutions, and ensure the estate is distributed according to the law and the instructions in the Will. We do this as urgently as the law allows and at the lowest possible cost.
A Will protects your interests after you pass away, but an Enduring Power of Attorney (EPA or EPOA) ensures your affairs are managed if you’re unable to make decisions during your lifetime. This legal document appoints someone you trust to handle your financial, personal, and medical matters should you lose capacity. Our lawyers can guide you through the process, ensure the document reflects your values, and give you the confidence that your wellbeing and assets are in safe hands.
For more information, please contact Alistair Hammond or Marcus Quinn.
Director
Marcus has quickly established his practice at Hammonds Law and is now a Director. He originally practiced law in his home country of Ireland, before travelling and eventually settling in New Zealand. Before joining Hammonds Law in 2017, he worked for a major trustee company in Auckland for six years. Marcus has extensive experience with wills, trusts and estate matters and all types of property transactions.
Director
Alistair graduated from Waikato University in 1996 with a Bachelor of Laws and a Bachelor of Social Sciences. After spending some time overseas and working in various law firms as a paralegal, he returned to Northland in 2004. Alistair is now a proprietor of Hammonds Law. He engages in a wide range of property and commercial matters including conveyancing, farm sales and purchases, trust formations and restructuring, business transactions, estate planning, wills and employment matters.
A Will ensures your assets go to the people or causes you choose. It also allows you to name guardians for your children and specify any special bequests. Without a Will, your estate will be distributed according to New Zealand’s intestacy laws, which may not reflect your wishes.
If you die intestate (without a Will), your assets will be distributed according to a legal formula, which might not align with your preferences. This can create unnecessary stress, delays, and additional costs for your loved ones.
You should review and update your Will after significant life events such as marriage, divorce, the birth of children, the purchase of property, or changes in your financial situation.
DIY Wills exist, but incorrectly drafted or signed Wills can be challenged in court, which in turn can lead to costly legal proceedings. A professionally prepared Will ensures clarity, legality, and proper execution.
An EPOA allows a trusted person to manage your finances and care decisions if you become unable to do so yourself. Without an EPOA, your loved ones may need to apply to the Family Court for authority, which is time-consuming and expensive.
The executor of the Will is responsible for administering the estate. This includes applying for Probate (if required), paying debts, and distributing assets. Our lawyers can assist with the legal and practical aspects to ensure everything is handled correctly.
Probate is the legal process that confirms a Will’s validity and gives the executor authority to manage the estate. It is typically required for larger estates or when financial institutions request it.
The process can take several months to over a year, depending on the complexity of the estate, any legal challenges, and the efficiency of asset distribution.
A Memorandum of Wishes provides guidance to trustees on how you’d like assets in a trust to be managed or distributed. While not legally binding, it helps ensure your intentions are understood.
Trusts can provide help with succession planning, and ensure long-term financial security for beneficiaries. Whether a trust is right for you depends on your circumstances, and legal advice is recommended. You can find more information about Trusts here.
These agreements clarify how assets are divided between partners and can impact estate distribution. If you have a blended family or significant assets, a legal agreement can help prevent disputes.
Yes, Wills can be contested by family members who believe they were unfairly excluded or that the Will was not properly prepared. Ensuring your Will is professionally drafted reduces the risk of these type of disputes.
Our team has the expertise and experience to help with all your Wills, relationship property and estate needs.
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