A clear will-based estate plan to make sure your assets go where you intend, with as little stress as possible for the people you leave behind
Creating an estate plan is an essential part of planning for the future. Working with an experienced lawyer can help ensure that your plan meets your specific needs, protects your assets, and minimises the risk of legal challenges. It can also give you peace of mind, knowing that your loved ones will be taken care of after you pass away.
For many people, a well-prepared will-based estate plan is enough to achieve their goals.
A well-prepared will-based estate plan can:
Set out who should receive your assets and on what terms
Appoint executors you trust to manage your estate
Name guardians for children (where relevant)
Reduce the risk of disputes, delays and confusion after you die.
We help you design a will-based plan that reflects your objectives – your family, your relationships, your business or work, and what you are trying to achieve.
Do you need a will-based estate plan?
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A will-based estate plan may be appropriate if:
you do not currently need the extra complexity of a trust structure
your assets and family situation are relatively straightforward
you want to update an old will that no longer reflects your life
you are buying a property, starting a family, or your circumstances have recently changed
you want to make sure there is a clear plan in place for your partner, children or other important people.
As part of our advice, we will discuss whether a will-based plan is likely to meet your objectives, and whether there are any reasons to consider a trust-based estate and asset protection plan now or in the future.
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A will-based plan is tailored to each client, but it will usually include:
A modern, well-structured will
Setting out who should receive your assets, who will be your executors, and (if relevant) who you would like to act as guardians for children.Enduring Powers of Attorney — for both Property and Personal Care & Welfare, with back-up attorneys named. Without them, the Court decides who manages your life and money if you lose capacity.
Advance health care directives, including a living will.
Funeral directives, allowing you to specify your wishes.
A list of digital assets and devices to ensure they are managed according to your instructions.
We explain each part in plain English so you understand what your plan does and how it will work in practice.
👉 Learn why you need to update your Will
👉 Learn why you need to set up your Enduring Powers of Attorney?? Learn why you need to set up your Advance Health Care Directives
You can also create at minimal cost via DYOdocs:
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Free DYOdocs report – will-based estate plan
To help you think things through before we meet, you can use our online tool through DYOdocs.
This free report outlines:
the key legal documents usually included in a will-based estate plan
the main advantages and limitations of a will-based approach
when a will-based plan may be enough, and when a trust-based plan might be worth considering
why proper legal advice is important, even if you start with an online tool.
You can bring this report to your first meeting with us, or simply use it to clarify your thinking.
Click here to use DYOdocs to create a free report on the legal documents which you need as part of your will-based estate plan.
Your free guide – estate and asset protection planning
You can also download our plain-English guide:
“Your guide to creating your estate and asset protection plan – crafting a personalised plan to protect your legacy”
This guide explains how wills, trusts and enduring powers of attorney can work together to protect your legacy, with examples and common pitfalls to avoid.
Download your free guide to creating your estate and asset protection plan
Capturing your goals
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No two will-based estate plans are the same. Your plan should reflect your family, assets, values and concerns.
To help with this, we ask you to:
record your goals and wishes in detail, in the comfort of your own home, using our trust questionnaire (available in PDF or Word); and
think about which type of will might suit you best.
The main types of wills available through DYOdocs are explained on our Types of Will page (for example, simple will, normal will or a complex will).
Once you’ve completed your questionnaire, you can email it to us at reception@rossholmes.co.nz so we can review it before we meet.
(Online completion of our questionnaire will be available soon.)
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We know cost is an important part of deciding whether a will-based estate plan is right for you.
You can view our estate planning fees chart to see our typical fees for straightforward will-based and trust-based plans. Once we understand your situation, we will:
explain which category your plan is likely to fall into
confirm what is included; and
provide a clear estimate of our fees and usual disbursements in writing before you decide to go ahead, so there are no surprises.
Request your complimentary will-based estate plan quote – no obligation
Will-based estate plan – frequently asked questions
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For many people, a well-structured will-based estate plan is enough – especially where assets and relationships are relatively straightforward. If you have a blended family, business risk, significant assets or vulnerable beneficiaries, a trust-based plan may be worth considering. We will advise you honestly on what is likely to suit you best.
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Yes. A will only takes effect after you die. Enduring powers of attorney (EPAs) allow someone you trust to help manage your property and personal care if you lose capacity during your lifetime. A complete will-based estate plan normally includes both a will and EPAs.
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You should review your will whenever there is a major life change – such as a new relationship, separation, children or grandchildren, buying or selling a home or business, significant changes in wealth, or health issues. Even without big changes, it’s sensible to review your will every 3–5 years.
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Online wills can be useful to start your thinking, but they can’t take into account your full situation – especially if you own a business, have a trust, a blended family or overseas assets. Errors or gaps may not be picked up until after you die, when it’s too late to fix them. We often use online tools alongside tailored legal advice, not instead of it.
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If you die without a will, New Zealand’s intestacy laws decide who receives your estate. This might not match what you would have chosen and can create extra stress and cost for your family. A will-based estate plan lets you stay in control of those decisions.
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Costs depend on your situation and whether you need a simple will, a will with trust provisions, and EPAs. Our estate planning fees chart sets out typical fees for straightforward plans. After our initial discussions, we’ll give you a clear written estimate so you can make an informed decision.
Getting started is simple
1. Book a free 15-minute introduction (for new clients)
In person or via Zoom – a chance to talk about your situation and how we can help.
This meeting is not for legal advice.
2. We outline your best options
We explain, in plain English, the pros and cons of different approaches – for example, a will-based plan versus a trust-based estate and asset protection plan.
3. You receive clear next steps and costs
You’ll know what we recommend, what it will cost, and the likely timeframe – so there are no surprises.
This meeting is to understand your situation and explain how we can help. It is not for legal advice.
How we work with you
When you ask us to help with a trust-based estate and asset protection plan, we will:
Understand your situation and goals
Your family, your relationships, your business or work situation, and what you are trying to protect.
Advise on whether a will-based plan is suitable
We will be honest if a will does not add enough benefit.
Design the right structure
We help you choose trustees, beneficiaries and key terms that fit your circumstances and future plans.
Prepare and implement the documents
We draft the wills, EPAs and related documents, and guide you through signing and initial set-up.
Support you over time
Wills and estate plans need to be reviewed. We are available to help you keep your plan up to date as life, laws and assets change.
Get an experienced lawyer on your side
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There are many reasons why it is essential to have an experienced lawyer on your side when creating your estate plan:
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Having a properly prepared estate plan can help avoid legal challenges from family members or other interested parties after you pass away.
An experienced lawyer can help you draft a plan that is legally sound and minimizes the risk of challenges. They can also help you update your plan as circumstances change over time.
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Working with an experienced lawyer to create your estate plan can provide you with peace of mind.
Knowing that your wishes will be carried out after you pass away and that your loved ones will be taken care of can bring a sense of comfort and security.
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Do you feel like forming trust is too hard, and have you put it in your "too hard basket" alongside learning to knit or finally cleaning out the garage? Well, don't worry, we've got the cheat codes to help you stop procrastinating and finally cross it off your to-do list.
Give us a call today and let's work together to make sure that your trust-based estate and asset protection plan is like a happy ending worth watching.
Don't let procrastination keep you from securing your legacy, let's do this!
Disclaimer: This article should not be relied upon for legal advice. Always seek professional legal advice before making any decisions regarding your estate plan.