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Selwyn Times: August 15, 2018

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2<br />

[Edition datE] <strong>15</strong><br />

Your guide to all things Real Estate<br />

in the <strong>Selwyn</strong> District<br />

Homeownership:<br />

should you make<br />

a will?<br />

If you have just bought your first home or<br />

already own a property, then the answer to<br />

this is yes.<br />

Purchasing a home is one of the biggest<br />

investments you may make during your<br />

lifetime.<br />

It is, therefore, necessary to decide who<br />

will be the benefactor/s of your property<br />

and belongings should you suddenly pass<br />

away. To do this, you need to create a will.<br />

A will states who receives what in the event<br />

of your death.<br />

Anyone over 18<br />

years old can<br />

create a will.<br />

According to the Public Trust, over 50%<br />

of New Zealanders do not have a will.<br />

Young people, aged from 25 to 39 years,<br />

who are financially independent, feature<br />

highly in this area, and yet they are a group<br />

more likely to indulge in adventurous<br />

holidays and take part in risky extreme<br />

sports. Accumulated assets of this age<br />

group might include a bike, car, TV, house,<br />

and furniture, along with a vast range of<br />

electronic and digital gear.<br />

With the arrival of a family, having a<br />

will in place is even more essential and yet,<br />

according to the survey taken in 2014, only<br />

30% of 25-40 year-olds, with children, have<br />

a will in place.<br />

A will not only legally takes care of the<br />

property, and the monetary side of things<br />

but can also state who will take care of<br />

children in the event of an untimely death.<br />

What happens if there is no will<br />

The lack of a will can create problems<br />

over who will benefit from the estate - this<br />

is especially important if there are children,<br />

de facto relationships, children from<br />

previous relationships, family members<br />

with addictions, or where a<br />

business is involved.<br />

Where there is no will, the<br />

estate goes into ‘intestacy’,<br />

which means a court will<br />

appoint an administrator,<br />

who does the same job as<br />

an executor, to manage the<br />

estate. The administrator has<br />

the authority to act on behalf<br />

of the deceased and applies<br />

to the High Court for letters<br />

of administration (power to<br />

administrate the estate).<br />

The Administration Act<br />

1969 provides a code to be<br />

followed that ensures the<br />

estate is administered in order of priority.<br />

(Check out Wills at www.communitylaw.<br />

org.nz)<br />

Save time and money<br />

Before meeting with your lawyer, and<br />

to help save time and money, decide in<br />

advance how you want to distribute your<br />

will – determine who will receive what.<br />

You can also create a DIY will online,<br />

but if the distribution of your property is<br />

complicated, you may need to contact a<br />

lawyer for additional help.<br />

For your will to be valid and legally<br />

binding it must be signed in front of two<br />

witnesses, who also must sign it. The<br />

witnesses are not in any way responsible for<br />

what is in the will or its execution.<br />

Four steps to creating a will<br />

1. Nominate an executor – the person<br />

who will manage the distribution of your<br />

property.<br />

2. Choose how you want to be buried or<br />

cremated, and how you want your funeral<br />

to be held, i.e. small and private, at a<br />

church, or in a garden. Make sure family or<br />

friends know in advance what you want to<br />

happen, as the reading of the will may not<br />

be before the funeral.<br />

3. Appoint a guardian/s for your<br />

children (if under 18) and your pets.<br />

Discuss this with prospective guardians,<br />

so they are prepared and understand their<br />

responsibility.<br />

4. Decide who will receive what and how<br />

much; this may include money, property,<br />

and personal belongings, as well as selected<br />

charities.<br />

Artisan Homes<br />

Builders of superior homes. Built to last.<br />

Winners in Registered Master Builders House of the Year Awards<br />

Visit our new show home - Faringdon South Show Home Village<br />

East Maddisons Road | Phone: 03 374 9172<br />

Phone 03 374 9172 Rob 021 324 876<br />

email robin@artisanhomes.co.nz<br />

www.artisanhomes.co.nz

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