Living Wills in New Zealand
In New Zealand, a living will is also known as an advance directive or advance care plan. It is a document that outlines your preferences for future medical care if you become unable to communicate these wishes yourself.
Key Requirements
- Intention: Your living will must be made while you are mentally competent and able to make your own decisions
- Form: Best practice provides that your living will is in writing, though verbal advance directives have been declared by the Courts to be also legally valid
- Voluntariness: Must be made by you consciously, without external pressure from others. Coercion and undue influence are factors that would nullify the will
- Specific: Should be specific about your care and identify specifically the properties and person or class of people to receive what is in your will
- Witnessed: Does not need to be witnessed or signed by a lawyer, but this is recommended to minimise the chances of having your will declared ineffective
Important Considerations
When creating a living will, you should:
- Discuss your wishes with your family/whānau and healthcare providers
- Review and update it regularly to ensure it reflects your current wishes
- Keep copies in accessible places and give copies to relevant people
- Consider appointing an Enduring Power of Attorney for Health and Welfare
While living wills are legally binding under the New Zealand Code of Health and Disability Services Consumers' Rights, they can be overridden if there are reasonable grounds to believe you have changed your mind.
How YJ Consulting Can Help
Our legal professionals can assist you in creating a comprehensive and legally sound will. We facilitate:
- Professional drafting of your will by qualified legal practitioners
- Review of existing wills to ensure they meet current legal requirements
- Guidance on complex estate planning matters
- Proper witnessing and execution of your will
Benefits of Professional Will Drafting
While self-written wills are legal in New Zealand, professionally drafted wills offer several advantages:
1. Legal Expertise and Compliance
Professional wills are drafted with comprehensive knowledge of current legal requirements, reducing the risk of the will being challenged or declared invalid. We ensure that your wishes are carried out, and that your loved ones are taken care of the way that you intend.
2. Complex Situation Management
Professional drafting ensures proper handling of complex situations such as blended families, business assets, or overseas properties.
3. Tax Efficiency
Our professional advisors can structure your will to maximise tax efficiency and protect your beneficiaries' interests. Your beneficiaries may be subject to the specific tax requirements of their given jurisdiction and could even incur multi-jurisdictional tax obligations.
We provide peace of mind, ensuring that you are aware of any tax obligations that might be imposed, so that you can make an informed decision on the structure and planning of your estate.
4. Clarity and Precision
Professional wills use precise legal language that minimises the risk of misinterpretation or disputes among beneficiaries. It’s not uncommon for the validity of a will to be subject to extensive, time-consuming and costly legal proceedings.
5. Future-Proofing
Our professional advisors can help anticipate and plan for potential future scenarios, ensuring your will remains relevant and effective even if legislative or regulatory changes take place in the future.
Contact us to discuss how we can help you create a comprehensive will that protects your interests and those of your beneficiaries.
YJ Consulting is a management consultancy that advertises legal services on behalf of our contractors. We are not a law firm and we don’t provide legal advice.
You can read more about the scope of our services and providers here.
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