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kiwisj
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Topic: Wills Posted: 18 February 2011 at 1:40pm |
I am ashamed to say dh and I don't have wills  but it's on our list of things to sort out when we come home next month.
Can anyone recommend a lawyer in Wellington that can do this for us? I suspect we're a pretty straightforward case although we are about to purchase property here in Singapore, I have no idea whether that complicates anything? What about the fact we live overseas at the mo?
Basically I'm competely naive about all this stuff and woud appreciate any pointers in the right direction!
Ps please tell me we're not the only ones without wills. I feel like I suddenly became a grown up without realizing it and have to sort all this stuff out!
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SJ
Callum - Dec 2008
Daniel - Oct 2010
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jazzy
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Posted: 18 February 2011 at 1:43pm |
eek you have just reminded me to get our updated. We used the public trust last time. I want someone not included in DH's will  hate talking to him about it as he thinks leaving that person out will be enough & I am not sure....better add it to the to-do list
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kiwikt
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Posted: 18 February 2011 at 1:53pm |
That reminds me! We need to get our wills done.
Also need to meet the superannuation broker and get DH back on super after we had to pull out of his last scheme.
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Bizzy
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Posted: 18 February 2011 at 2:25pm |
we dont have wills. Its one of those things i keep thinking about and never getting done. one of the biggest problems i have is that i dont know who to have as guardians of our children if something happened to both of us...
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LG
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Posted: 18 February 2011 at 2:57pm |
We've put off getting wills for the same reason as Bizzy - no one will look after our kids as good as we will (haha!). Must get on to it though - sorry thats no help to any of your questions though
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amme_eilyk
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Posted: 18 February 2011 at 3:02pm |
we got ours done through public trust as you can get it all done in one go and its free.
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fire_engine
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Posted: 18 February 2011 at 3:05pm |
amme_eilyk wrote:
we got ours done through public trust as you can get it all done in one go and its free. |
Er well, it's free to make it, but they make all their $$$$ when you die.
It's cheaper all up to go to a solicitor and make it with them - it's usually a one off fee - they don't charge against your estate or anything.
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jazzy
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Posted: 18 February 2011 at 3:12pm |
Flissty wrote:
amme_eilyk wrote:
we got ours done through public trust as you can get it all done in one go and its free. |
Er well, it's free to make it, but they make all their $$$$ when you die.
It's cheaper all up to go to a solicitor and make it with them - it's usually a one off fee - they don't charge against your estate or anything. |
they don't charge too much & you can change it as many times as you want & don't have to pay like you do a lawyer for every visit or call.
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ChrisW
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Posted: 18 February 2011 at 3:27pm |
jazzy wrote:
Flissty wrote:
amme_eilyk wrote:
we got ours done through public trust as you can get it all done in one go and its free. |
Er well, it's free to make it, but they make all their $$$$ when you die.
It's cheaper all up to go to a solicitor and make it with them - it's usually a one off fee - they don't charge against your estate or anything. |
they don't charge too much & you can change it as many times as you want & don't have to pay like you do a lawyer for every visit or call. |
As a lawyer... if someone has made a Will with us and then wishes to update it, we do not charge for updating the Will. Of course every law firm is different.
Public Trust do charge for Wills if you do not use them as an executor. If you do use them as an executor it means they get to administrate your estate. The fees they charge for administration are definately more than ours!
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Plushie
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Posted: 18 February 2011 at 3:41pm |
Can i not just write on a piece of paper that my brother gets my cd collection? Is it not legal if you write it up yourself? (Not that i have a self-written will somewhere i just have no serious assests like a house or a trust fund, i only have things and after i die i don't care where they go.)
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mothermercury
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Posted: 18 February 2011 at 3:46pm |
Bowie, now that you have a child, it is important because you need to decide what happens to him should anything happen to you. I don't have a will either but need to get onto this. I have no possessions I care about, all I care about is my girl.
I don't think it "counts" if you have your own thing on a bit of paper. Not legal enough.
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kiwisj
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Posted: 18 February 2011 at 3:50pm |
Bizzy wrote:
we dont have wills. Its one of those things i keep thinking about and never getting done. one of the biggest problems i have is that i dont know who to have as guardians of our children if something happened to both of us... |
Yup this is one of the reasons we haven't done anything before now too!
I did think about using public trust but I think we should probably get some advice re the fact that we live o/s but have assets in nz (and the kids' guardians are likely to be in nz or oz)
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SJ
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MamaT
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Posted: 18 February 2011 at 3:53pm |
We don't have a will either, like Bizzy, we really don't have any ideas as to who to leave DS with if something were to happen to the both of us.
Although, it really is something we should get onto.
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fire_engine
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Posted: 18 February 2011 at 4:05pm |
You can get DIY will kits.
When DH was drafting ours (he's a lawyer) he said they're actually one of the most precise legal documents that are drawn up, and you do need to have the i's dotted and t's crossed.
If you're not sure about guardianship, I'd still recommend doing a will. Like Chris said, you can add on, but you're best to start somewhere. It can be a nightmare if your partner dies and you have no will - you don't automatically get all the assets or the insurances, and it can take a long time to get that stuff sorted out. It's not a stress that you need.
That said, pot kettle black. We didn't do ours till I was 36 weeks PG with #2!
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T_Rex
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Posted: 18 February 2011 at 4:08pm |
We made ours at the same time as we bought this property so we lumped all the legal fees into one. We've since updated it to include a guardian for DD and all subsequent children. It was fairly simple to do - just a quick chat with the solicitor who knew all the ins and outs. Can't help with a wellington recommendation though, sorry.
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jazzy
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Posted: 18 February 2011 at 4:39pm |
ChrisW wrote:
As a lawyer... if someone has made a Will with us and then wishes to update it, we do not charge for updating the Will. Of course every law firm is different.
Public Trust do charge for Wills if you do not use them as an executor. If you do use them as an executor it means they get to administrate your estate. The fees they charge for administration are definately more than ours!
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did not know that so will ask when we update, has been a few yrs & kids
I am the same have not done it as don't want to leave the kids with anyone.
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Hopes
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Posted: 18 February 2011 at 4:55pm |
Random, we just went to the lawyer to get ours done today  . How's that for topical.
MissShell wrote:
I don't think it "counts" if you have your own thing on a bit of paper. Not legal enough. |
It 'counts', as long as you get a couple of non-related, non-inheriting people to witness it. And, of course, that people know it exists and where it is when you die.
However, they recommend that you get a lawyer to do it, because if you make a stuff-up and make something not clear enough, it can get really messy. Also, lawyers know stuff that we don't think of. Like the fact that they executors of your estate shouldn't be the same people as you give custody of your kids to, or they could be in a position to fleece the kids inheritance (or, more likely, the lawyer said, to get pressure put on them by your then-17-y-o who wants to buy a fast car and says 'if you love me you'd get me access to Mum and Dad's money).
Edited by Hopes
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clover
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Posted: 18 February 2011 at 5:07pm |
We've not done ours yet either, shocking considering it is a large part of what I did professionally.
I personally wouldn't use public trust, free to do them yes, but their fees for administration of an estate are huge.
It isn't a huge expense and any lawyer can draw one up for you.
Must get on to this but like the rest of you, we're stuck on guardians....
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ItchyFeet
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Posted: 18 February 2011 at 7:20pm |
Something else to consider is how to provide for your children if your partner should remarry. DH's grandparents both remarried, the stepmothers and their children got all the estates, and the children were left with nothing. Probably not as bad for adults, but if the worst were to happen, it's more than guardianship required to raise a child, there's the issue of any assets.
I personally would never use the public trust, my lawyer is more than reasonable. The last time we re-did both wills, the charge was $112.50, so not bad considering the legal advice we had at the time when drafting it.
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crafty1
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Posted: 18 February 2011 at 10:11pm |
The guardianship thing is tough. We recently made a will because the people who would most likely get custody without a will are not the people i would want to raise my kids. I couldn't stand the thought that something would happen to me and DH and then my darling boys would not be raised by the people i wanted.
Hard decision though, it took us ages to decide and then get the courage to ask our friends. Once you've asked something like that you can't really turn around in 6 months and say oh i've changed my mind. I think my in-laws would spit tacks if they found out too.
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