New Wills Act

The new Wills Act came into effect on 1 November 2007. Not only does this new legislation modernise the language in the statute (much of it dating from 1837), but there are also some specific changes that may affect some Conveyancing.co.nz readers.

Getting married or entering into a civil union now invalidates a previous Will, unless made in contemplation of that marriage or civil union. Previously this only applied to those entering into a marriage. If that marriage or civil union is dissolved, the rights of a former spouse or civil union partner are revoked.

When a Separation Order is in force at the time of death, a separated spouse or civil union partner is now disinherited, unless the contrary is clearly expressed in the Will.

In addition, there is now a provision in the Act for the courts to correct any inadvertent drafting errors in a Will or to alter the Will to reflect the true intentions of the Will maker.

Source:  This article first appeared in the Summer 2008 edition of Fineprint, client newsletter of NZ Law Limited members www.nzlaw.co.nz

Posted: 18 Mar 2008

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