Not all Wills work
As seen in MOOD Magazine (Issue 14)
When it comes to Wills, the biggest mistake people make, besides assuming they don’t need one, is leaving out or not updating important details. At Govett Quilliam, the Personal Planning Team have seen what happens when people get it wrong.
“Over the years, we would have assisted clients with thousands of Wills” says GQ Partner Catherine Grogan, “We know how to get it right and more importantly, we know what can go wrong.”
The team often see Wills that are unclear, not properly witnessed or unintentionally revoked. They also see families caught off guard when verbal promises don’t align with what’s written down. “People say, ‘Oh, I’ve told my kids what I want them to have,’ or, ‘They knew it was a loan,’” says Fleur Coombe. “But unless it’s in writing and legally sound, it doesn’t mean much. Memories can be recalled differently, and assumptions about past gifts and loans can tear families apart.”
“And people forget that getting married automatically revokes your Will,” adds Leanne Young. “It doesn’t matter how well-intentioned your previous plans were, if you haven’t updated your Will since getting married, it may not stand.” Any major change in your life, particularly within your family, should be a prompt to review your Will.
Situations where a child is left out of a Will, or a non-relative is gifted part of the estate, can be complex. A Will is open to challenge and lack of proper advice may mean you have missed steps which could help mitigate a claim against your estate. “Simply not naming someone isn’t enough to stop them from making a claim and successfully receiving a share of the estate.” says Fleur. “Steps can be taken to improve the chances of your wishes being carried out such as explaining your reasoning in a letter. Sometimes leaving a small inheritance can reduce the risk of a successful claim being made, compared to leaving them nothing at all.” These are sensitive situations, and the way they’re handled can significantly affect whether your Will holds up to scrutiny.
Even if your situation feels straightforward, things can quickly get complicated — especially when blended families, businesses, trusts, estranged relatives, or disputed gifts are involved. A DIY Will where you have not received proper advice doesn’t always capture critical details. As Catherine puts it, “You don’t know what you don’t know.” The upfront cost of working with an experienced professional is minor compared to the financial and emotional toll of sorting things out later.
“It’s not about the size of your estate,” says Catherine. “It’s about the peace of mind knowing your affairs are in order, and that there’s no uncertainty for your loved ones to have to deal with”.
In addition to Catherine, Fleur and Leanne in GQ’s Personal Planning Team there are highly experienced Legal Executives Sandy Ellice and Linda Welch, and Senior Lawyer Michyla How, all part of the wider team supporting clients with their personal planning needs including estates, occupation rights, trusts and succession plans.
GQ has been proudly supporting generations of Taranaki families for nearly 150 years. If you have questions about setting up or updating your Will, come and see the team.
