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16<br />
BUSINESSLINK<br />
Where there is a Will,<br />
there is no uncertainty<br />
Farah Khan<br />
farah.khan@xtra.co.nz<br />
Everyone needs a Will.<br />
A Will is a legal document<br />
that expresses your<br />
wishes as to how your<br />
property is to be<br />
distributed upon your death.<br />
I have met many people who<br />
believe that the making of a<br />
Will means losing control of<br />
their assets.<br />
This is not correct.<br />
Wills have absolutely no legal<br />
effect until you pass away.<br />
In your life time you can<br />
change your Will as many times<br />
as you like without having to be<br />
accountable to either the beneficiaries<br />
or anybody else.<br />
Inheritance not automatic<br />
Your Will gives you an opportunity<br />
to decide exactly what<br />
happens to all your belongings<br />
after your death.<br />
Most people think that their<br />
partners and children would<br />
automatically inherit all their<br />
assets even if they have not executed<br />
a Will.<br />
If you have assets of a total<br />
value of more than $16,000,<br />
then, your loved ones must apply<br />
for Letters of Administration<br />
from the High Court before<br />
any of your assets can be<br />
distributed.<br />
This is not only a long and<br />
cumbersome but also an expensive<br />
process and often the cause<br />
for many family disputes.<br />
Differences of opinion is the<br />
last thing a grieving family<br />
needs.<br />
In many communities, it is<br />
customary to leave assets to<br />
male offspring/s.<br />
No bias allowed<br />
The law in New Zealand does<br />
not accept such a practice but<br />
states that children are to be<br />
equally provided for and that<br />
there should be no gender bias.<br />
However, there is no reason<br />
why your wishes should not be<br />
honoured.<br />
Therefore, I urge people to<br />
make a Will today.<br />
If you have your wishes<br />
properly documented, at<br />
the least you have some comfort<br />
in knowing that your loved<br />
ones are clear about your final<br />
wishes.<br />
If Wills are so important then<br />
why is it not very popular?<br />
I often hear three reasons for<br />
apathy among people regarding<br />
Wills.<br />
It is too expensive: It does not<br />
cost more than a few hundred<br />
dollars to make a Will which<br />
could be very high in value.<br />
I do not like to talk about death:<br />
No one can avoid death – it is<br />
inevitable and hence there is<br />
nothing wrong in discussing<br />
about death. It would be wise to<br />
organise your affairs while you<br />
can still so, rather than leave<br />
your loved ones in a lurch to<br />
deal with the mess when you<br />
are gone.<br />
They will not be impressed<br />
with what you have put them<br />
through.<br />
I do not have time now. I will<br />
do it later: Death waits for no<br />
one. There is no time like the<br />
present, because no one has<br />
seen tomorrow. Your Will is important<br />
and you need to make<br />
time to execute it.<br />
I hope you are now convinced<br />
of the importance of a Will<br />
and would do the needful for<br />
the safety and security of your<br />
loved ones after you have left<br />
this world.<br />
As Leon Battista Alberti,<br />
a 15th Century Italian<br />
Renaissance Polymath said, “A<br />
man can do all things, if he but<br />
Wills them.”<br />
Farah Khan is Partner & Notary<br />
Public Practice Manager<br />
at Khan & Associates Lawyers<br />
and Notary Public based in<br />
Papatoetoe, Auckland. She<br />
can be contacted on (09)<br />
2789361.<br />
New<br />
legislation<br />
to<br />
improve<br />
land<br />
transport<br />
Kanwaljit Singh Bakshi<br />
The National Party came<br />
in to government (in<br />
November 2008) promising<br />
that we will improve<br />
quality of our regulations by<br />
amending and updating legislation<br />
to strengthen public safety,<br />
facilitate business growth<br />
and increase productivity of our<br />
economy.<br />
Recently, the National party<br />
government introduced the<br />
‘Land Transport Amendment<br />
Bill’ to Parliament.<br />
The Bill aims to fulfil our<br />
OCTOBER 1, <strong>2016</strong><br />
promises and strengthen the<br />
legislation relating to alcohol<br />
interlocks, the framework for<br />
managing public transport fare<br />
evasion and create more effective<br />
deterrents to reduce the incidence<br />
of fleeing drivers.<br />
Important changes<br />
The Bill will also make changes<br />
to heavy vehicle regulation<br />
and a regulatory process for<br />
small passenger services.<br />
It will make practical, minor<br />
amendments to ensure that<br />
Land Transport Act 1998 operates<br />
as intended by Parliament.<br />
The Bill will enable better<br />
innovative, small passenger<br />
services to deliver benefits<br />
to consumers while managing<br />
safety risks.<br />
It will introduce mandatory<br />
alcohol interlock sentences for<br />
repeat offenders and first time<br />
drink-drive offenders with high<br />
alcohol levels.<br />
It will create more effective<br />
deterrents to reduce the numbers<br />
of fleeing drivers.<br />
It will strengthen the framework<br />
for managing evasion of<br />
public transport fares.<br />
The legislation is part of ongoing<br />
efforts to create better, more<br />
effective regulation that works<br />
for New Zealand.<br />
Kanwaljit Singh Bakshi has<br />
been a Member of Parliament<br />
on National List from November<br />
2008. He is also Chairman<br />
of Parliament’s Select Committee<br />
on Law & Order.<br />
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