Family & Personal Legal Documents

1. Simple Will — for very straightforward wishes

A simple will is only suitable if your situation and wishes are genuinely basic. It leaves everything to your partner, and if they die before you, everything equally to your children or other loved ones. If a child dies before you, their share passes to their children. It states burial or cremation and includes standard trustee powers.

A simple will does not include: specific bequests or gifts, guardianship provisions for children, provisions for pets, trust provisions, unequal division of assets, or provisions in contemplation of marriage or civil union.

2. Normal Will — for most standard needs

A normal will suits most people who have children (or may in future), want some specific gifts, or need more flexibility. It includes everything in a simple will, plus (if needed): guardianship provisions for minor children, provisions in contemplation of marriage or civil union, provisions for pets, bequests and gifts (money, items, charity), the option to leave all assets to your partner, one trust, or equally between beneficiaries, detailed trustee powers, and a beneficiary protection clause.

A normal will is usually the right starting point for most families with a home, KiwiSaver, savings, children, or a desire to make specific gifts.

3. Complex Will — for more complicated situations

A complex will builds on a normal will for situations where a standard approach is not enough. It includes everything in a normal will, plus (if needed): provisions for blended families (children from different relationships), life interest provisions (e.g. allowing your partner to live in the home for their lifetime), unequal division of assets, detailed trust provisions, provisions for business interests, assets outside New Zealand, Māori land, and provisions for what happens if you and your partner separate or divorce.

Why you need Enduring Powers of Attorney

Under New Zealand law, EPAs allow you to appoint someone you trust to manage your financial and healthcare affairs if you become mentally incapacitated. Unlike an ordinary power of attorney, which becomes invalid once you lose mental capacity, an EPA can be used if you are no longer able to make decisions for yourself.

Think of an EPA as a safety net that ensures your wishes are carried out, no matter what happens. With an EPA in place, you get to choose who will take care of your affairs if you are unable to do so yourself. Without an EPA, your family and advisers will need to go through the costly and time-consuming process of applying to the Family Court to have someone appointed.

📖 Read: Ross Holmes' free guide to EPAs

Why you need an Advance Healthcare Directive

An advance healthcare directive gives you control over your own medical treatment and helps ensure that your wishes are respected if you become unable to make decisions for yourself. The Code of Health and Disability Services Consumers' Rights gives you (if legally competent) the right to make an advance directive setting out the treatment wanted or not wanted.

Without an advance healthcare directive, your family or medical providers may have to make difficult decisions about your medical treatment without knowing your preferences. Our directives enable you to record your doctors' details, your wishes as to treatment on life-support, palliative care, use of your body for medical research, and organ donations — so your welfare attorneys, loved ones, and doctors can act in accordance with your wishes.

You also need to appoint a person as your enduring power of attorney for personal care and welfare (through the Protection of Personal and Property Rights Act 1988), who will have the power to make decisions on your behalf. Your advance healthcare directive details your wishes for their benefit.

Note: In New Zealand, wishes regarding assisted dying cannot be included in advance healthcare directives.

📖 Read: Ross Holmes' free guide to EPAs and healthcare directives

Why you need a Funeral Directive

A funeral directive gives you control over how your final arrangements will be carried out and helps ensure that your wishes are respected. Without one, your loved ones may have to make difficult decisions about your funeral arrangements during a time of grieving, adding stress and confusion.

Having a funeral directive also helps reduce the financial burden on your loved ones by allowing you to plan arrangements in advance. It provides peace of mind by allowing you to express your preferences and ensure that your funeral reflects your values and beliefs.

📖 Read: Ross Holmes' free guide to funeral directives

Why you need a List of Digital Assets & Devices

A list of digital assets and devices is a record of all your digital assets (email, social media, online banking, subscriptions, cloud storage, digital currency, digital documents, digital images) and electronic devices (computers, phones, tablets, smart home devices). Without this document, your family may have no way to access or manage your digital life after your death or incapacity.

Digital assets can have significant financial and sentimental value. Cryptocurrency, online banking, investment platforms, and digital subscriptions all need to be identified and managed. Photos, documents, and memories stored in the cloud could be permanently lost. Having a comprehensive list ensures your executors and family know what exists and how to access it.