Planning ahead

Wills and Enduring Powers of Attorney in New Zealand

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Importance of planning ahead

In New Zealand, the management of your estate and personal affairs in the event of death or incapacity is primarily governed by two essential legal documents: wills and enduring powers of attorney (EPOA). By implementing these documents, you ensure that your wishes are respected and your affairs are managed according to your wishes. 

Your Will

A will is a legal document that outlines how your estate will be administered after your death, such as the distribution of your assets, appointing guardians for your children, and specifying your funeral arrangements.


A will provides clear instructions on how your assets, such as property, bank accounts, and personal belongings, should be distributed among your beneficiaries. This helps prevent disputes among family members and ensures that your wishes are followed.


You can appoint an executor. The executor is responsible for managing your estate, paying any debts, and distributing assets according to your instructions. This person should be trustworthy and capable of handling financial matters.


For a will to be valid in New Zealand, it must be in writing, signed by you, and witnessed by at least two other persons who are not beneficiaries.

Enduring Powers of Attorney (EPOA)

Enduring powers of attorney are legal documents that allow you to appoint someone to make decisions on your behalf if you lose the capacity to do so yourself. For the documents to be binding, the donor must be advised by a Lawyer. There are two types of EPOA in New Zealand one for your Personal Care and Welfare and one for Property.

1. Enduring Power of Attorney for Property

This document allows your appointed attorney to manage your property and financial affairs. It can be activated while you still have capacity, meaning you can give someone authority to handle your financial matters even when you can do so yourself. Key features include:

Financial Management

Your attorney can pay bills, manage investments, and make decisions about your property.

Immediate Activation

If you choose, this EPOA can be activated while you still have capacity, allowing for a smoother transition in managing your affairs if you become incapacitated later.

2. Enduring Power of Attorney for Personal Care and Welfare

This type of EPOA allows your attorney to make decisions regarding your personal care and welfare, but it only comes into effect once you have lost capacity. Important aspects include:

Health Decisions

Your attorney can make decisions about your medical treatment, living arrangements, and overall care based on your best interests. There are some medical procedures that they cannot consent to, such as a lobotomy.

Capacity Requirements

This EPOA cannot be activated until a medical professional has determined that you lack the capacity to make your own decisions.

Trust

This role holds a high position of trust, so it is important that the person you appoint takes into consideration your best interests and will not financially abuse you.

Moving forward

A will and enduring powers of attorney in place is essential for managing your estate and personal affairs in New Zealand. A will ensures that your wishes are followed after your death, while enduring powers of attorney provide a framework for decision-making if you become incapacitated. It is highly recommended to seek legal advice when drafting these documents to ensure they reflect your intentions and comply with New Zealand law. Proper planning can provide peace of mind for you and your loved ones, ensuring that your affairs are handled according to your wishes.


Feel free to book an appointment here with one of our team to see if we can assist you with preparing your Will and Enduring Powers of Attorney.

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