Lewis Lawyers has had the privilege of serving the Cambridge community for over 100 years. Over that time, we have developed a wealth of knowledge about how best to safeguard your family and assets from unnecessary litigation. Below are the first five of our “Top Ten Tips” that our clients who are currently going through litigation would want us to pass on.
- Use a reputable law firm – Use reputable lawyers to draft your legal documents. It is better to spend some time and money upfront to get a legal document that protects you and your assets, rather than spend several years and many thousands of dollars in a dispute involving poorly drafted documents later.
- Make a reasonable will – Have a Will that is fair and reasonable to all your family members given the assets you have available to distribute. Leaving everything you have to one child when you have five children is likely to end in a family legal dispute that will erode everyone’s assets and any hope of good relationships within the family going forward. Yes, it is your money and you have the freedom to leave your assets to whomever you wish. But should you leave everything to your favourite charity, it is likely that legal claims will be made against your estate by your partner, relatives you have a moral duty to (eg any dependent children) and/or anyone you made a testamentary promise to in exchange for caring for you in your old age (for example).
- Discuss your Will with the family – Discuss the terms of your Will with the adult members of your family and, if necessary, give your reasons for any unequal distributions. These reasons should also be put in writing and given to your lawyer to file with your Will. If there are any major objections, consider whether an amendment should be made. We know that New Zealanders don’t generally like to talk about death or money, so this is a conversation you may prefer to avoid. But despite some initial awkwardness, your family will appreciate basic information ahead of time, such as where to find your Will and other important documents and what your plans are for your assets. Aim for there to be no surprises or unnecessary stress for your family after your death if you want everyone to accept your wishes rather than attempt to overturn them in court.
- Review your Will – Review your Will at least every 5 years (or sooner if your personal circumstances change) to check it still makes sense and reflects your wishes. Have a new Will prepared or amendments drafted, if necessary. The failure to keep your Will up to date may result in family members each having to obtain independent legal advice after your death to negotiate a Deed of Family Arrangement – in other words – family members sit around a table and re-write your Will.
- Discuss your will with the family – Discuss the terms of your will with the adult members of your family and, if necessary, give your reasons for any unequal distributions. These reasons should also be put in writing and given to your lawyer to file with your will. If there are any major objections, consider whether an amendment should be made. We know that New Zealanders don’t generally like to talk about death or money, so this is a conversation you may prefer to avoid. But despite some initial awkwardness, your family will appreciate basic information ahead of time, such as where to find your will and other important documents and what your plans are for your assets. Aim for there to be no surprises or unnecessary stress for your family after your death if you want everyone to accept your wishes rather than attempt to overturn them in court.
- Get a contracting out (pre-nuptial) agreement – if you have assets (such as a house) and are entering a new relationship, Lewis Lawyers and American rapper Kayne West both recommend you get a pre-nuptial agreement. Enough said.
Think of a good Will or pre-nuptial agreement as a kind of insurance – nobody wants their house to burn down or their car to be stolen but we pay insurance premiums to make sure we’re covered for most eventualities if the worst happens. The same idea applies here – we don’t want to think about death, family arguments or separation, but if your affairs are in order you’ll be better protected in the event these things happen.
Stay tuned for Part 2 of our Top Ten Tips for Saving your Family from a Legal Dispute. If you would like to act on these tips by getting a Will, trust or pre-nuptial agreement drafted, contact our experienced and professional team on (07) 827 5147 or email us at reception@lewislawyers.co.nz.
If you require legal advice to navigate a family or civil dispute, please contact:
Tarsha Makgill Tarsha.Makgill@lewislawyers.co.nz or Dayna Dustan Dayna.Dustan@lewislawyers.co.nz at Lewis Lawyers.
This article is current at the date of publication. It is intended to provide general comments only about legislation and case law. Lewis Lawyers accept no responsibility due to reliance by any person or organisation on the content of this article. Please contact the author of this article if you require specific advice about how this applies to you and your circumstances.
