Stuff Digital Edition

What about modern wills?

For 35 years, Michelle Pope has been recording the last wishes of Kiwis. A principal trustee for Public Trust, she has seen bequests of everything from Japanese kimono collections to genealogy research to vinyl records and DJ tables. Some want their bodies cremated and buried alongside their pets. Others want their ashes scattered from a helicopter. And when it comes to administering wills, it can get messy.

‘‘If there’s real dissension within the family, one of the most common things people will fight over is personal effects. So that can actually be very difficult to manage.

‘‘One of the reasons why people appoint someone like us is we are independent and neutral, so it takes the emotion out of it. The first thing we have to do is secure those effects, because you do have people going in to properties and taking items.’’ Even today, about half of all New Zealanders do not have a will. While many think they don’t own enough to need one, the average KiwiSaver balance exceeds the $15,000 maximum estate value that can be processed without court validation. Will-making can be a sombre affair, as people often don’t get around to it until something bad happens, Pope says. But often it brings relief.

Not everyone itemises specific objects – many are happy just to say who they want to benefit. But women often leave jewellery to their daughters, she says.

It’s also a place to be absolutely clear about funeral wishes.

The biggest change in Pope’s time has been the rise of blended families. In some cases, couples will have prenuptial agreements to ensure the property they bring to the relationship goes to their own children. Otherwise, they might set up a family trust. Couples might also put property in a trust for their child, if they’re worried about the influence of that child’s partner. The will-making process can be an airing of dirty laundry, Pope says. Whether that’s secret liaisons, or grievances borne out in the apportioning of funds.

When someone dies without a will, digging around for beneficiaries can turn up unknown relatives, Pope says. That can either be a joyous surprise or a nasty shock, depending on the family.

While laws dictate that will-makers have a moral obligation to provide for their spouse and children, if the ill-feeling is strong enough people may choose to take the risk, and write letters explaining their decision.

Some historical wills and probate files of prominent Kiwis are remarkable for their unremarkableness.

Celebrated artist Frances Hodgkins is identified simply as ‘‘spinster’’, while New Zealand’s first female MP, Elizabeth McCombs, gets the title ‘‘widow’’. Her will is dated two days before her death.

Even war hero Charles Upham is described only as ‘‘Retired Sheepfarmer’’.

His will contains no mention of the Victoria Cross and bar later sold by his daughters to Britain’s Imperial War Museum.

A concerned probate official has, however, added a handwritten question: ‘‘Shouldn’t deceased be described as ‘Sir’.’’

Focus

en-nz

2022-01-16T08:00:00.0000000Z

2022-01-16T08:00:00.0000000Z

https://fairfaxmedia.pressreader.com/article/281908776508909

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