15 July 2002

Lawyers are teaming up with members of the not-for-profit sector next month to promote the importance of having an up-to-date and valid will.

During Make a Will Week, from 18-24 August, lawyers will be talking about the legal issues relating to wills and the steps people can take to ensure that their intentions about who inherits their property are not defeated.

Charities and other not-for-profit organisations will be using their individual and collective efforts to raise public awareness about the work they do and the importance of donations and bequests as funding sources for that work.

New Zealand Law Society President Christine Grice said the campaign would be aimed at raising awareness of the importance of making wills and revising them as personal circumstances and the law changes.

"It will also highlight issues such as the need for an enduring power of attorney, perhaps the need for a family trust, estate planning and administration, guardianship of children and the impact of the new Property (Relationships) Act.

"We are very pleased to have the opportunity to promote a national campaign alongside the many people who work in a professional or volunteer capacity in the charitable sector," she said.

Fundraising Institute of New Zealand spokesperson Dianne Armstrong said she expected many members of the institute – representing a wide range of not-for-profits - would be working hard in local communities to promote the aims of Make a Will Week.

"The campaign is an opportunity for our members to go out and publicise the work that charities do, and the role of bequests in funding that work. We’re pleased to be involved in this joint promotion, given the role of lawyers as advisers on wills and the work that many of them do – often in a voluntary or honorary capacity – working alongside those in the charitable sector."

Christine Grice said the campaign would enable lawyers to highlight some very important and complex legal issues, such as the potential impact of the Property (Relationships) Act.

"The new law has major implications for many people. Anyone who is in, has been in or is likely to be in a relationship will be affected. Those wanting to provide in their will for children from an earlier relationship, rather than for a surviving de facto or married partner must consider the impact of the act.

"Even long-term married couples should be aware of the steps that can be taken to better ensure that the property is inherited and held for their children – should they consider a trust to protect family property further down the line, in the event that an inheriting child’s relationship breaks up?

"The legislation’s scope is vast and people should check with their lawyer to see how it might affect them."

Other laws also provide scope for challenging wills – such as the Family Protection Act and Law Reform (Testamentary Promises) Act. Lawyers throughout the country will be talking about these issues in their local communities during Make a Will Week.