Wives, senior wives, mistresses and your children
Historically, social custom ruled in dis-posing of property when someone died. Way back in Roman times the written will was only used in the situation when a man did not have an heir.
For Maori in pre-colonial times leadership, land and resource rights could be in-herited. Tribal chiefs inherited mana (authority) over land and people. This mana was passed by the chief to the chosen heir who was usually the eldest son of the senior wife - but a different successor could be verbally named on the death bed of the chief. Ancestral land was passed down through generations by continuous occupation. But an individual could inherit separate rights to use particular resources on that land such as bird-trapping trees and fishing spots.
For New Zealanders who have a Chinese cultural background and make up an important part of North West Auckland, talking about death is often taboo and making a will is like putting a curse on yourself. This leads to problems such as the coal baron in Shanxi. In 2015 he died at age 71 leaving his estranged wife, long term mistress and 6 children to fight over his assets. At one point the conflict bet-ween the family members became so toxic that the company stopped paying wages and local officials tried to broker a peace deal for the sake of the local workers. This is an extreme example and more recently in New Zealand a will is regarded as a "note of happiness" for the family, showing their love and care for their children and their descendants.
One of the world's more unusual
will requests....
London banker Harold West couldn't shake the fear of being buried alive. He included in his will that "my coffin shall not be screwed down and that a surgeon be instructed to pierce my heart with a steel or other instrument to make certain death has occurred. West passed on at the age of 90 in 1972 and his family physician reluctantly carried out his request.
The stories about holographic wills (handwritten and only signed by the person making the will in extreme circumstances) make entertaining reading. These are usually made in emergency situations such as when the testator is alone, trapped and near death but can also be made by military personnel serving in the armed forces and sea going people. There are clear tests around these and to be treated equally with a witnessed will there has to be evidence that the person actually created the will, that they were mentally capable, and they clearly expressed a wish to distribute their estate to beneficiaries. So, evidence is required, along with legal expenses to prove such things. The shortest ever proven holographic will was "Everything to wife" written on the husband's bedroom wall as he was dying. Then there was the man who was trapped under his tractor and carved his will onto his tractor fender, "In case I die in this mess I leave all to the wife. Cecil Geo Harris."
Our modern will in New Zealand is a signed and witnessed document that details how that person wants to distribute all they own on their death and how they would like their dependents looked after if they die. But if someone dies without a will then all they own will be distributed according to our law - this may be different from how they would have liked. It then takes more time, more stress and more money.
The New Zealand courts have very strict rules about drafting, signing and wit-nessing a will as well as how it should look when it is sent to the court for probate. When preparing a handwritten or using a will kit it is very easy to get some of these things wrong. Having seen first-hand the deep stress that can be caused when someone dies we have 2 messages - make a will or your "note of happiness" and keep it updated to reflect your changing circumstances.
Belvedere Law
PO Box 317-001, Hobsonville, Auckland 0664
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