Practical guidance for families navigating wills,enduring powers of attorney, for future peace of mind.
As our parents grow older, conversations about the future can feel sensitive - but they’re also incredibly important. Estate planning is more than just ticking legal boxes - it’s about peace of mind for everyone. it’s about honouring and protecting your parents’ wishes, reducing family stress, and ensuring everything is in place when it’s needed most.
There are a few key legal steps every family needs to consider. Here’s how you can help guide your parents through the estate planning process, and why now is the right time to start.
1. Start the Conversation Early - and with Care
These conversations can feel awkward, so approach them with empathy. Focus on understanding your parents’ wishes and preferences. Rather than diving straight into legal documents, try starting with open-ended questions like:
2. Revise or Create a Valid Will
A will outlines how someone’s property and assets are to be distributed when they pass away. In New Zealand, a will must meet specific legal requirements under the Wills Act 2007 to be valid - including being signed and witnessed properly.
If your parents don’t have a will, now is the time to create one. If they already have one, check when it was last reviewed. Life changes - like a new relationship, a property purchase, or grandchildren - often call for updates.
Without a valid will, their estate will be distributed under the Administration Act 1969, which may not reflect their true wishes and can complicate matters for the family left behind.
3. Set Up Enduring Powers of Attorney (EPA)
Many New Zealanders are unaware that no one - not even a spouse or adult child - automatically has the right to make decisions on someone else’s behalf if they lose mental capacity.
An Enduring Power of Attorney (EPA) allows your parents to appoint someone they trust to make decisions for them.
There are two different types of EPA:
These documents are vital if illness, injury, or age-related conditions like dementia arise. Without an EPA in place, families may have to go through a lengthy and expensive court process via the Family Court to gain decision-making authority.
4. Consider a Family Trust (if appropriate)
While not for everyone, a family trust can be useful in some situations - such as for asset protection, succession planning,or managing how property is passed on. Recent law changes have affected how trusts are run and reported, so it’s best to get legal and accounting advice before setting one up or reviewing an existing trust.
5. Talk About Funeral Wishes and Health Care Directives
Although not legally binding, a letter of wishes or advance care plan can be a helpful guide for family when the time comes - outlining preferred funeral arrangements, burial or cremation choices, or personal values around medical treatment and end-of-life care. Conversations about these matters can provide clarity and comfort later when decisions, some of which may be tough,need to be made.
6. Get Professional Advice
Every family is different, and estate planning is not one-size-fits-all. A lawyer can help ensure documents are drafted properly,your parents’ wishes are legally protected, and that the whole family understands what’s in place.
Helping ageing parents with estate planning is one of the most meaningful things you can do. It’s not just about paperwork - it’s about protecting their legacy, supporting their independence, and giving everyone peace of mind.
If you’d like help getting started, our team is here to guide you through each step - from wills and EPAs to trusts and beyond.
