{"id":134258,"date":"2025-05-26T21:40:12","date_gmt":"2025-05-26T21:40:12","guid":{"rendered":"https:\/\/www.europesays.com\/uk\/134258\/"},"modified":"2025-05-26T21:40:12","modified_gmt":"2025-05-26T21:40:12","slug":"yes-you-do-need-a-will-five-messy-situations-that-prove-it","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/uk\/134258\/","title":{"rendered":"Yes, you do need a will \u2013 five messy situations that prove it"},"content":{"rendered":"

Few of us have late pop star Liam Payne’s multiple millions, but Kiwis die without wills, as he did, every day. Disappointed partners and feuding family members can be left behind, and there’s no need, writes Frances Cook, when getting one sorted is often simple and cheap. <\/p>\n

Got a KiwiSaver worth more than $15,000? Got kids? A family member that you don\u2019t particularly like? <\/p>\n

If just one of those fits, you need a will. And yet, stats from Public Trust are that 50% of us don\u2019t have one. <\/p>\n

A will is not just for rich people, old people, or those who are terminally ill. It’s for anyone who fits the above situations, as well as really, all of us, if you would like some clarity for your loved ones, should the worst happen. <\/p>\n

Making a plan doesn\u2019t have to be expensive, and it can certainly stop things getting messy. Want an example of “messy”? I\u2019ve got five, where a will would have saved a lot of headaches.<\/p>\n

\"Liam<\/p>\n

Liam Payne died unexpectedly at 31 and had no will. <\/p>\n

1. You\u2019re young(ish) and healthy, but have lots of money and a complicated relationship history.<\/b><\/p>\n

Not all of us have $54.3 million<\/a> lying around, but former One Direction star Liam Payne is still a case that should serve as a warning to the rest of us. <\/p>\n

He died young, at 31, and without a will. His former partner Cheryl Tweedy is now legally responsible for his fortune, until his son turns 18. <\/p>\n

Hopefully, this is what he would have wanted. But is it? Who knows. <\/p>\n

He may have also wanted to leave something for his current partner. Or an organisation he worked with. It\u2019s impossible to say. <\/p>\n

\"<\/p>\n

Liam Payne and his partner at the time of his death Kate Cassidy, who has inherited nothing of his fortune. (Source: Bang Showbiz)<\/p>\n

Even if you\u2019re not pop star famous, plenty of Kiwis can find themselves in a similar situation. <\/p>\n

A bit of money tucked away, maybe enough for a house deposit, or your KiwiSaver, and a couple of serious relationships in the rearview. <\/p>\n

If you die without a will, your assets will be divided according to New Zealand\u2019s intestacy laws, which prioritise legal spouses and blood relatives. <\/p>\n

That might leave out a partner who you never married and were with for under three years, or even a child if parenthood hasn\u2019t been legally recognised. <\/p>\n

Without a clear will, your personal history gets flattened into a legal template, and that rarely ends well.<\/p>\n

\"Blended<\/p>\n

Blended families can be complicated, especially if someone dies. (Source: istock.com)<\/p>\n

2. You\u2019ve repartnered in middle-age and at least one of you has adult children.<\/b><\/p>\n

Blended families are common, but that doesn\u2019t make the money side of things any easier. <\/p>\n

Say you\u2019ve moved in with a new partner later in life, and you at least one of you has children from a previous relationship. <\/p>\n

If you die without a will, your partner (of three years or more) stands to get all of your personal possessions. That means cars, furniture, jewellery, all the stuff. Your kids could miss out on some items that have huge sentimental value to them, never mind the money side of it. <\/p>\n

\"Make<\/p>\n

Make sure your special items end up where you want them. (Source: istock.com)<\/p>\n

Meanwhile, the way the money is split is often that the partner gets a set dollar amount, up to $155,000, and then one third of the rest. The kids (including your partner’s kids) get the other two thirds. <\/p>\n

Maybe you\u2019re fine with that, maybe you\u2019re not. <\/p>\n

Or what if you were to die and leave your partner with your shared house with the understanding that, when they in turn pass on, they will leave that house to your children (their step children)? Well, they don’t have to. They could leave the proceeds from the sale of your house to the local cattery, and your children could inherit nothing, unless it’s stipulated otherwise in your will. <\/p>\n

Disappointed partners and feuding family members can be left behind, and there’s no need, writes Frances Cook, when getting one sorted is often simple and cheap. (Source: Breakfast)<\/p>\n

Personally, I think it\u2019s worth ensuring things are left according to your wishes, not the government default. Especially when it comes to sentimental items. <\/p>\n

3. You don\u2019t want to leave your money to those who may expect it.<\/b><\/p>\n

Family dynamics are, well, complicated at the best of times. <\/p>\n

Not everyone wants their assets to go to the traditional next of kin. And there are plenty of times when you might want to ensure that, actually, a certain someone gets nothing. <\/p>\n

\"Your<\/p>\n

Your favourite people might not be your relatives. (Source: istock.com)<\/p>\n

Maybe you\u2019re estranged. Maybe you\u2019ve got friends, flatmates, or a charity that\u2019s meant more to you in recent years. <\/p>\n

If you die without a will, the law doesn\u2019t care.<\/p>\n

New Zealand\u2019s intestacy (dying without a will) rules follow a hierarchy: spouse or partner, children, parents, siblings, then grandparents, uncles and aunts. <\/p>\n

There\u2019s actually not much flexibility to include anyone else, unless you\u2019ve made a will that says otherwise. <\/p>\n

And if you don\u2019t want one of those people on the list getting anything? You doubly need to ensure that\u2019s written down.<\/p>\n

\"The<\/p>\n

The wealthy acqueline Kennedy Onassis famously stipulated in her will that her sister Lee Radziwill receive nothing. (Source: Getty)<\/p>\n

It\u2019s not enough to casually mention your wishes in conversation. You need it in writing, signed by you in the presence of two witnesses, dated, and ideally done with a lawyer\u2019s help.<\/p>\n

4. You own property with someone you\u2019re not married to, and the house isn\u2019t in both names.<\/b><\/p>\n

This one is increasingly common thanks to the state of house prices in Aotearoa. <\/p>\n

Maybe you\u2019re with a long-term partner, but you\u2019re not technically de facto because it\u2019s been a relationship for under three years. Maybe it\u2019s a sibling or a friend, and you\u2019ve bought a house together. <\/p>\n

It happens for many reasons \u2013 that the house is shared financially, while the title is only in one person\u2019s name.<\/p>\n

If the person on the title dies without a will, their share of the house doesn\u2019t automatically go to the co-owner, even if they live there, have paid the mortgage, and treat it as their home. <\/p>\n

Instead, it will go through the estate process and follow the intestacy law hierarchy I mentioned above. <\/p>\n

That could mean it\u2019s inherited by a parent or child who has never lived there and your partner finds themselves without a home.<\/p>\n

\"Contributing<\/p>\n

Contributing to the mortgage doesn’t ensure ownership of the house. (Source: istock.com)<\/p>\n

A will can prevent that mess entirely. It allows you to name who inherits your share of the house, and helps avoid expensive and emotionally fraught legal disputes.<\/p>\n

5. You\u2019re estranged from family, and don\u2019t want them fighting over your estate<\/b><\/p>\n

New Zealand law allows close family members, such as spouses, children, sometimes even stepchildren, to challenge your will under the Family Protection Act if they feel they\u2019ve been unfairly left out, or not properly \u201cprovided for\u201d. <\/p>\n

This is why I keep mentioning a lawyer. Yes, you can find DIY will kits that let you draft a will for between $0-$100, and they\u2019re certainly better than nothing. <\/p>\n

But a lawyer only costs a little more, often between $250-$500, and they can help ensure your will isn\u2019t challenged by entitled people once you\u2019re gone. <\/p>\n

Simple acts like writing a separate, signed and dated, letter of explanation can help a judge understand why you\u2019ve made the decisions you have. <\/p>\n

A lawyer can help you defuse bombs ahead of time, so that your wishes are respected once you\u2019re gone.<\/p>\n

\"You<\/p>\n

You don’t have to engage a lawyer when creating a will, but it’s advisable. (Source: istock.com)<\/p>\n

So what actually makes a will valid in NZ?<\/p>\n

It doesn\u2019t have to be fancy. But it does need to follow the rules. <\/p>\n

You must be 18 or older, and of sound mind. It needs to be written down, signed by you, and the signing must be witnessed by two people who aren\u2019t inheriting anything from you (they will also sign it).<\/p>\n

You can write a will yourself using templates, but given how much is at stake, it\u2019s smart to get a lawyer or trustee service involved. Getting a will properly written up is actually not very expensive. It\u2019s executing the will once you\u2019re gone that\u2019s expensive, so do it once, do it right, and it\u2019ll be much cheaper at the end. <\/p>\n

Because ultimately, having a will isn\u2019t about doom and gloom. <\/p>\n

It\u2019s about protecting the people you love, and making sure your wishes still matter, even when you\u2019re not around to explain them yourself.<\/p>\n

The information in this article is general in nature and should not be read as personalised financial advice.<\/b><\/p>\n","protected":false},"excerpt":{"rendered":"Few of us have late pop star Liam Payne’s multiple millions, but Kiwis die without wills, as he…\n","protected":false},"author":2,"featured_media":134259,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3093],"tags":[51,474,391,2499,16,15],"class_list":{"0":"post-134258","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-personal-finance","8":"tag-business","9":"tag-finance","10":"tag-opinion","11":"tag-personal-finance","12":"tag-uk","13":"tag-united-kingdom"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@uk\/114576308877723870","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/134258","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/comments?post=134258"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/134258\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media\/134259"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media?parent=134258"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/categories?post=134258"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/tags?post=134258"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}