WILL
WILL-MAKER
Full name: ________
Residential address: ________
Date of birth: ________
Occupation: ________
Note: Clauses 3, 4, 7, 8 and 13 are optional. For signing, keep every clause number unchanged and replace the text of any unselected clause with the words "Not used"; then remove the direction or declaration lines and these notes.
1. REVOCATION
This is my last will. I revoke all earlier wills and codicils and dispose of my estate as follows.
2. Executors and trustees
I appoint the executor named below as executor and trustee, or the substitute if that person dies before me, renounces probate or is unwilling or unable to act. “My trustees” means the executors and trustees for the time being, including their lawful replacements.
Executor’s full name: ________
Executor’s address: ________
Substitute executor’s full name: ________
Substitute executor’s address: ________
3. Marriage or civil union
In contemplation of my marriage or civil union with the person named below, I make this will.
Declaration that this will is made in contemplation of the marriage or civil union identified below: ________
Contemplated ceremony: ________
Intended spouse’s or civil union partner’s full name: ________
Intended spouse’s or civil union partner’s address: ________
4. TESTAMENTARY GUARDIANS
As testamentary guardian of each child of mine who is under eighteen at my death and of whom I am then a guardian, I appoint the first-named guardian below, or the substitute if the first-named guardian dies before me or is unwilling or unable to act.
Appointment of the guardians named below on the terms of this clause: ________
Guardian’s full name: ________
Guardian’s address: ________
Substitute guardian’s full name: ________
Substitute guardian’s address: ________
5. Funeral wishes
My executors are asked to follow the wishes below, after consulting the person named and others close to me as they think appropriate.
Funeral, burial or cremation wishes: ________
Person to consult: ________
Contact details: ________
6. Debts and expenses
From the available residue my trustees shall pay my debts, funeral and testamentary expenses and taxes payable by my estate in their proper order of priority.
7. SPECIFIC GIFT
I give my interest in the property described below to the named beneficiary, subject to clauses 10 and 11.
Direction to make the specific gift set out below: ________
Property description, including any title or identifying reference: ________
Property address: ________
Beneficiary’s full name: ________
Beneficiary’s address: ________
Substitute beneficiary’s full name: ________
Substitute beneficiary’s address: ________
8. Pecuniary legacy
To the beneficiary named below I bequeath the specified amount in New Zealand dollars, subject to clauses 10 and 11.
Direction to make the pecuniary legacy set out below: ________
Legacy amount in New Zealand dollars: ________
Beneficiary’s full name: ________
Beneficiary’s address: ________
Substitute beneficiary’s full name: ________
Substitute beneficiary’s address: ________
9. RESIDUE
Subject to clauses 10 and 11, I give the residue to the beneficiaries below in the specified shares, which together must total 100 per cent. Any share failing under clause 10 accrues proportionately to the remaining effective shares.
If all those gifts fail, I give the residue to the ultimate beneficiary, subject to clauses 10 and 11, and failing that to those entitled on my intestacy in their statutory shares.
First residuary beneficiary’s full name: ________
First residuary beneficiary’s address: ________
First residuary beneficiary’s percentage share: ________
Second residuary beneficiary’s full name: ________
Second residuary beneficiary’s address: ________
Second residuary beneficiary’s percentage share: ________
Ultimate beneficiary’s full name: ________
Ultimate beneficiary’s address: ________
10. Survival and substitution
Each beneficiary must survive me by the period below, or by 30 days if no period is stated, or be treated as having died before me. On failure of a gift, I give it to the expressly named substitute who satisfies that requirement.
Failing an entitled named substitute, a failed gift to my child or other descendant passes to that person’s descendants who satisfy the survival requirement, in equal shares per stirpes. No other substitution applies. Failed gifts, other than residue and gifts under clause 13, fall into residue.
Required survival period in days: ________
11. BENEFICIARIES UNDER EIGHTEEN
On satisfaction of the survival requirement, a beneficiary’s interest vests. Until the beneficiary reaches eighteen, my trustees shall hold the share, with power to apply income or capital for maintenance, education, advancement or benefit and to accumulate unused income as capital.
Payments may be made to a parent or guardian where my trustees are reasonably satisfied that they will be properly applied. On the beneficiary’s death after vesting, the balance goes to the beneficiary’s personal representatives.
12. Administration powers and expenses
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Claims affecting my estate may be settled, compromised or defended, with necessary court approval. Before distribution, sufficient funds may be retained to meet liabilities and claims.
13. MĀORI LAND AND INCORPORATION SHARES
In priority to other gifts, I give all my beneficial interests in Māori freehold land and Māori incorporation shares to the successor below, or the named substitute if that successor cannot take, subject to clauses 10 and 11.
Direction to make the separate gift under this clause: ________
Every recipient, including a substitute under clause 10, must be eligible to succeed to the interest under Te Ture Whenua Maori Act 1993. Failing an eligible recipient, the interest passes on intestacy under that Act, with the surviving spouse’s or partner’s rights preserved.
Successor’s full name: ________
Successor’s address: ________
Successor’s relationship to me or other basis of eligibility: ________
Substitute successor’s full name: ________
Substitute successor’s address: ________
Substitute successor’s relationship to me or other basis of eligibility: ________
14. Construction
New Zealand law governs the construction of this will and its trusts.
15. EXECUTION
Signed as my will.
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WILL-MAKER’S SIGNATURE
Will-maker’s full name: ________
Method of execution: ________
Place of signing: ________
Date of signing: ________
Handwritten signature made by me or at my direction: ________
PERSON SIGNING AT THE WILL-MAKER’S DIRECTION
Full name: ________
Address: ________
WITNESSES’ ATTESTATION
Signed by the will-maker as their will, personally or by the person named above at the will-maker’s direction and in the will-maker’s presence, before us both, who then signed as witnesses in the presence of the will-maker and of each other.
FIRST WITNESS
Full name: ________
Address: ________
Occupation: ________
Place of signing: ________
Date of signing: ________
Handwritten signature: ________
SECOND WITNESS
Full name: ________
Address: ________
Occupation: ________
Place of signing: ________
Date of signing: ________
Handwritten signature: ________