September is Wills Month: Here’s why every adult should have a will

Have you made your will yet?

If not, Wills Month is the perfect time to get it sorted. Held every September in New Zealand, Wills Month is an annual reminder of how important it is to have a will in place, and how easy it can be to put one off.

At Grayson Clements, we believe preparing your Will and Enduring Powers of Attorney (EPAs) doesn’t need to be overwhelming or expensive. It’s a practical, empowering step that protects the people you care about, and helps you take control of your legacy.

What is a will?

A will is a legal document that sets out your instructions for what should happen when you pass away. It only takes effect after your death, but the peace of mind it offers begins right away.

A will allows you to:

• Appoint Executors to carry out your wishes
• Nominate guardians for your children under 18
• Record your funeral preferences
• Leave specific gifts or divide your estate
• Leave a charitable gift if you choose

What makes a will valid in New Zealand?

For a will to be legally valid in New Zealand, it must:

1. Be in writing (typed or handwritten)
2. Be signed by the person making the will (the testator)
3. Be witnessed by two people who are not beneficiaries (and are present at the same time)
4. Be signed by those witnesses in the presence of the testator and each other

Failing to meet these requirements could mean your will is challenged or ruled invalid.

 Do I need a lawyer to make a will in NZ?

Technically, no, but it’s strongly recommended.

You can write a will yourself using online templates or will kits, but DIY wills carry risks:

• Poor wording that leads to confusion
• Omissions that complicate estate administration
• Invalid execution if the legal requirements aren’t followed

A lawyer ensures your will is:

• Legally sound
• Tailored to your unique situation
• Designed to minimise disputes and delays for your loved ones

What’s the catch with a free will?

Free will offers can be a good option, especially during Wills Month, when some organisations partner with lawyers to provide them. Often, the expectation is that you’ll leave a gift to charity in your will in return.

Before choosing a free will, consider:

• Is it prepared or reviewed by a lawyer?
• Are there any hidden costs for storage or changes?
• Does it suit your situation, or is legal advice a safer option?

If your estate is complex, or you want personalised guidance, it’s worth investing in a proper legal will.

What about Enduring Powers of Attorney (EPAs)?

Your will handles what happens after you die, but Enduring Powers of Attorney (EPAs) protect you while you’re still alive, in case you lose the ability to make decisions.

There are two types:

• Personal Care & Welfare EPA – lets someone make health and care decisions if you become mentally incapable.
• Property EPA – lets someone manage your finances and property on your behalf. You can choose when it takes effect.

Without an EPA, even your spouse may not have the legal right to access your accounts or act on your behalf. Your family would need to apply to the Family Court, which is a stressful, expensive process that’s easily avoided.

 Why September is a good time to act

Wills Month is supported by groups like Community Foundations NZ, which encourage people to:

• Make or update their will
• Consider leaving a charitable gift
• Take advantage of free or discounted will services from participating organisations

Even if you’re not ready to make big decisions, it’s a great time to have a conversation and get clear on your options.

How Grayson Clements can help

We offer simple, affordable will and EPA packages with personalised legal advice. Whether you’re just starting out or updating an old document, we make the process easy to understand and tailored to your life right now.

Contact us this Wills Month to protect your loved ones, share your wishes, and create a legacy you’re proud of.