You Need a Will and Here's Why
This is not my area of law (I have plenty of capable lawyers in my firm who do this work). However, it is an issue that is constantly coming up and something which constantly frustrates me. I cannot understand why people do not have a Will. And I really urge people to invest in an Enduring Power of Attorney.
Here is why.
Property Management Orders
Where someone is unable to fully manage their property or financial affairs because they are not mentally capable, a property manager can be appointed by the Family Court to look after these things for the person.
Blended Families - Common Legal Issues
When family relationships are complex, it is really important to have clear, and effective ownership of property.
Where there's a Will...
Recently, it’s been highlighted to me how important it is to have a Will and to make sure it is up to date. A Will deals with your property upon your death. Property includes real estate, vehicles, bank accounts, life insurance policies, shares, your Kiwisaver/superannuation account and your ‘stuff’ in general.
Protection of Property Rights Act and mental incapability
What happens when a family member becomes mentally incapable through injury or illness and there is no enduring power of attorney in place?
What if my child is born with an intellectual disability and they are unable to care for themselves and sort their own finances when they are an adult?
You may be able to apply to the Family Court for appointment as a welfare guardian and/or property manager.
