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 />
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Builders of superior homes. Built to last.<br />
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Visit our new show home - Faringdon South Show Home Village<br />
East Maddisons Road | Phone: 03 374 9172<br />
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email robin@artisanhomes.co.nz<br />
www.artisanhomes.co.nz