Wills And Enduring Power Of Attorney

A Will and an Enduring Power of Attorney are two of the most straightforward things you can do to protect yourself and the people you care about. Most people put them off because they seem complicated or because the conversation feels uncomfortable. They are neither — and once they are done, you will not have to think about them again unless your circumstances change. We make the process clear and easy from start to finish.

Wills

A Will is a legal document that records your instructions for what should happen to your belongings, property, and money after you die. Without one, the law decides how your estate is distributed — and the outcome may have very little to do with what you would have wanted.

What a properly drafted Will does for you

• Names your executor — the person you trust to carry out your instructions. The executor deals with banks, government agencies, and beneficiaries on behalf of your estate.
• Records who receives what — who gets your home, your savings, your personal belongings, and in what proportions.
• Protects your children — if you have minor children, your Will nominates a guardian to care for them and can include a trust to hold their inheritance until they reach an age you choose.
• Covers specific gifts — if you want to leave a particular item or sum to a specific person or charity, your Will records that clearly.
• Reduces family conflict — a clear, properly drafted Will leaves less room for disputes between family members about what you intended.

When your Will should be reviewed

Your Will should be updated whenever something significant changes in your life. The most common triggers are:

• Getting married or entering a civil union — in New Zealand, marriage automatically revokes any earlier Will you have made, unless the Will was specifically written in anticipation of that marriage.
• Separating or divorcing from a partner.
• Having or adopting children or grandchildren.
• A significant change in what you own — buying or selling property, receiving an inheritance, starting or selling a business.
• The death or incapacity of someone you named as your executor or as a beneficiary.

Enduring Power of Attorney

An Enduring Power of Attorney (EPA) is a legal document that appoints someone you trust — called your attorney — to make decisions on your behalf if you lose the mental capacity to make them yourself. There are two types, and you need both.

EPA for property and finances

This EPA covers your financial life — your bank accounts, investments, property, and bills. Your attorney can be authorised to act while you still have capacity (which can be useful for practical reasons, such as if you are travelling), or only once a doctor certifies that you have lost capacity. Banks, Land Information New Zealand, and other institutions will not accept an ordinary Power of Attorney once you have lost mental capacity — only an Enduring Power of Attorney remains valid at that point.

EPA for personal care and welfare

This EPA covers decisions about your medical treatment, where you live, and your day-to-day care and wellbeing. Unlike the property EPA, this one can only be used once a health professional has certified that you no longer have the capacity to make those decisions yourself. It cannot be used while you are capable of making your own choices.

Why you need both, and why now

Having both EPAs in place while you are healthy and capable is important for two reasons. First, once you have lost capacity, it is too late to make them — if no EPA is in place, your family may need to apply to the Family Court to be appointed as your manager, which is a slow, costly, and public process. Second, your property attorney and your personal care attorney do not have to be the same person — many people choose a partner or spouse for both but appoint a different family member as backup for one of them. Getting both documents right now protects you and saves the people you love from having to navigate the court system at a difficult time.

How we work with you

We have designed a simple, private process for preparing Wills and EPAs.

1. Online intake form. We send you a secure form to collect the information we need — your family situation, what you own, who you would like as your executor and attorneys, and how you want your estate distributed. Most clients complete this in about 20 minutes.
2. Fee estimate. We review your information and send you a fixed-fee engagement letter before any work begins. No surprises.
3. Drafting. We prepare your documents. Every Will and EPA is reviewed by a qualified solicitor — we do not use generic templates that you fill in yourself.
4. Signing meeting. You come to our Parnell office to sign. For Wills, we confirm that you understand the document and are signing of your own free will. For EPAs, an independent person is required to witness and certify that you understand what you are authorising. Remote signing is available in some circumstances.
5. Safe storage. We advise on where to store your original documents and can register your EPA with the Family Court if you would like that additional record.

Our fees

Fixed fees — no surprises. All prices are in NZD and exclude GST and disbursements unless stated.

Get started

Complete the questionnaire below and we will assess your requirements and provide a fee estimate via an engagement letter. Your information is treated as strictly confidential. We will need to meet with you in person or by video at some stage to confirm your understanding of the documents and to oversee signing.