Amanda Morrall finds out why 50% of New Zealanders are in denial about dying and the importance of having a will

By Amanda Morrall

Many moons ago, I was requested to witness a donor card on behalf of my father. In the event he should be fatally injured in a car accident, he wanted to donate any salvageable body parts (eyes, heart, liver etc.) to a living being in need. The remaining bits he asked to go to medical science.

The very thought of it did my adolescent head in and I stubbornly refused to sign the document. I can only think that I was in denial about death, both my father's and my own probably.

Despite becoming a parent myself decades later, it was only a few years ago that I got around to having a will made. Consciously, or unconsciously, I suspect it was for the same reasons. I didn't want to think about dying. Not many people do.

According to the Public Trust, 50% of New Zealanders don't have a will. What's more, scores of those who do have one, need badly to update it to reflect their current circumstances.

"People just don't like to think about putting pen to paper and thinking about what will happen when they die,'' said Michelle Pope, a spokeswomen for the Public Trust.

Procrastination is another factor.

"People just don't get around to doing it. It's not until something happens to them or their family or their personal circumstances that gives them a jolt to make them realise that hey, I need to do something about getting my own affairs in order.''

Although hand-written wills are legal, the hazards of the DIY approach is bungling the process and/or missing out on some crucial information.

"A big thing around wills is making sure you get the right advice so the decisions you are wanting to make and the plans you are wanting to put in place for the future are going to stick when it comes time,'' said Pope, noting that two independent witnesses have to sign a will for it to be legal.

Dying intestate, without a will, will see assets carved up by a prescribed formula that may not conform to a person's wishes, she added.

One of the biggest myths is that if you die without having made a will, your entire estate automatically goes to your partner.

In fact, where there is no will, your estate will be divided up by the Administration Act as follows:

• Your spouse or partner gets your personal chattels, the first $155,000 of the estate and one-third of the rest. The other two-thirds goes to your children.
• If you have no children, your partner gets the personal chattels, the first $155,000 and two-thirds of the rest. Your parents get the other third. Your partner gets the lot if your parents are deceased.
• If you have children but no partner, the entire estate is left to the children equally.
• If you have no partner or children, your parents inherit. If your parents are deceased, the entire estate is left to blood relatives or to the Crown if no relatives exist.

A will, by contrast, allows the individual to specify inheritances according to their personal preferences.

"What you record in your will is basically your wishes,'' said Pope.

Pope cautions will makers about taking care to choose the executor of a will given the demands involved.

"We always suggest you appoint an experienced person in that capacity because there is a fair amount of legal responsibility and you do have to know what you are doing. We recommend you appoint someone professional and who has the experience and expertise in undertaking that role. If you do appoint a trusted family member or friend, they just need to make sure they understand the bits and pieces that go with that role.''

Will making resources

Making a will (Consumer Magazine)

Will check list from Consumer Magazine.

Common terms explained (Public Trust)