Many people know they should have a Will, yet it’s still something that slips down the to-do list. For some, the answer is to grab a DIY kit or write one themselves at home. It might seem simple, but shortcuts in this area often lead to disputes, delays, and heartache for the very people you’re trying to protect.

Shenali Lewke-Bandara of Denham Bramwell Lawyers helps families plan their estates and has seen first-hand what happens when Wills aren’t done properly. She says it’s common for people to underestimate the layers of complexity in their personal and family situations.

Why Wills are important

A Will is your voice after you’re gone. It directs what happens to your property, who looks after your dependants, and how your personal wishes are carried out. Without one, the law decides, and that process is rarely straightforward.

If your assets are worth more than $15,000, and you don’t have a valid Will, your estate has to go through a separate court process. For most people with KiwiSaver accounts, that threshold is easily passed.

The problem with DIY

On the surface, writing a Will yourself seems cheap and easy. But the risk is missing key details or not following the strict legal formalities that make a Will valid.

DIY Wills often fail to address complex situations like blended families, second marriages, and stepchildren. Even small oversights, like forgetting to name a substitute executor, can cause major issues.

Shenali points out that disputes are often not about big-ticket items like houses or money, but about sentimental belongings. Jewellery, family heirlooms, or even ashes can become areas for dispute if the Will isn’t clear.

Why Wills get challenged

A common misconception is that what you write in your Will is final. In reality, New Zealand law recognises “moral obligations” to certain people, including spouses and children. If your Will leaves them out or doesn’t provide enough, they can challenge it in court.

That means even a carefully written DIY Will may not hold up if it doesn’t reflect these obligations. Families can end up in long, expensive disputes, with relationships fractured in the process.

How professionals add value

A professionally drafted Will isn’t just about ticking boxes. It’s about tailoring the document to your personal circumstances. A lawyer will ask questions you might never have considered, like:

• How do you want to balance fairness between children from different relationships?
• Should your spouse live in the family home for life, and if so, who pays the rates and insurance?
• Do you want to make gifts during your lifetime to reduce the risk of disputes later?

By covering these issues upfront, you give your family clarity and reduce the chance of conflict.

Getting your Will right

If you don’t yet have a Will, the most important step is simply to start. If you do have one, review it regularly. Major life events like marriage, divorce, buying property, or having children are all triggers to update. The cost of a well-prepared Will is small compared to the stress, legal fees, and broken relationships that can follow a DIY approach gone wrong.

Disclaimer: This article is based on a podcast featuring insights from experienced professionals and is intended for general information and inspiration only. While we aim to share valuable guidance, please seek personalised advice from qualified professionals before making decisions about your property, finances, or renovation plans.