Do I need to update my will?

By Courtney Clarke, & Patrick Steuart, WRMK Lawyers

As life changes, so do your circumstances, assets and wishes. A thorough and up to date Will ensures your wishes are respected when you die, and simplifies the administration of your estate for your grieving loved ones.

Having children, getting married, or separating from your partner all have an impact on your will. Getting married automatically renders your Will invalid, but separating from your partner does not. If you had previously included your ex in your Will, they will be entitled to receive that gift from you, unless you update your will. Acquiring significant assets, such as a new property or an inheritance should also prompt you to think about your will.

These days families can be complex, meaning previous relationships, children, multiple properties or family trusts all need to be considered when making your will (or else may leave your will wide open to be challenged – a stressful process for all involved).

It’s also useful to consider nonfinancial matters, such as who will look after your children and pets, what happens to your treasured personal effects, and your funeral arrangements.

distributed in accordance with your will to the beneficiaries. Usually, the same person or people will be both executor and trustee.

You can appoint anyone as your executor/trustee, and you can appoint more than one, but it’s important to consider your choice carefully. The person/people you trust to carry out this important role may change over the years. When someone dies without a will, it often takes significant time, effort, and cost to deal with their estate.

As a reminder, to be valid, your will must be:

• in writing

• signed and witnessed correctly

• intended by you to take effect as a will, and completed when you have legal capacity.

Auckland Transport (AT) planners have been asked to fine-tune how existing bus routes and a new on-demand trial service can work best in Warkworth and the surrounding areas. Rodney Local Board members made the call at a workshop where a $2,550,000 threeyear on-demand bus service trial for Warkworth, Leigh and Sandspit was being discussed. The trial was originally approved in September, but was paused in May, when members voted to investigate whether the money could be better spent on improving the local road network, in light of extreme floods and storms. Following a boost for road maintenance in Auckland Council’s recent budget, however, local members have been looking again at the bus trial. At the workshop on August 2, Warkworth members Michelle Carmichael and Ivan Wagstaff asked senior service network planner Dave Hilson to look into extending the 997 Matakana and 998 Wellsford service to include a new loop west of Warkworth town centre, via Woodcocks Road, and using the smaller on-demand trial buses to serve Leigh, Point Wells and Omaha. Hilson said he would report back at the next workshop, on November 1.

Council accountability

Rodney Councillor Greg Sayers has been appointed deputy chair of a new budget committee, which will oversee the 10-Year Budget (Long Term Plan), as well as annual budgets. “The Mayor, who chairs the committee, has created this committee in order to gain tighter control over council’s budget-setting processes,” Cr Sayers says. Sayers was previously deputy chair of the Revenue, Expenditure and Value Committee, chaired by Maurice Williamson. That committee has been given a mandate to review the service and financial performance of individual council and council controlled organisation. Sayers says this will enhance the scrutiny and accountability of spending.

You Will also helps to facilitate the “estate administration” process when you die, by requiring you to appoint an executor(s) and trustee(s). The executor’s job is to administer the estate (e.g. act as a contact person, apply for probate).

Once all of your assets have been realised and the discretionary role of the executor has finished, the trustee(s) hold the assets on Trust until such time as the assets are

Working with a lawyer experienced in life planning is the most efficient way to create a comprehensive, valid will that achieves your intentions and gives you peace of mind that your loved ones will be able focus on celebrating your life, not dealing with your life admin, when you pass away.

If you need assistance updating or preparing your Will, our friendly team of experienced local lawyers are happy to help.