Legal Question in Wills and Trusts in New Zealand (Aotearoa)

unsigned change to will

My mother deleted a paragraph in her will and handed the document to the agent for NZ Public Trust who manage her legal affairs. She discussed the change with the agent and reason for the change. Before the amended will was typed and sent for her signature, she died. Can the deletion still stand given that she clearly stated her wishes to her legal advisor and it is their duty to carry out her wishes?


Asked on 11/17/06, 5:55 pm

1 Answer from Attorneys
Simon Laurent LaurentLaw Barristers & Solicitors

Re: unsigned change to will

This is difficult to answer on the facts given. Under the Wills Act the will must be signed before it is effective at all. If your mother had a previous will that will remains in force. If the Public Trust took a long time to prepare the will they could be liable to be sued by a beneficiary who could have benefited from the new will. You are advised to seek formal legal advice on this matter.

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Answered on 11/18/06, 5:11 pm


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