Simple will with gift over

This document allows you to write your own last will and testament if your wishes are relatively uncomplicated. You can make specific gifts of money or personal possessions before leaving the remainder to someone else, or to a charity, or shared between a group of people such as your children. The gift over provision allows you to nominate someone else to receive the remainder of your assets if first choices die before you.
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About this document

This will template has been written for use by someone who wishes to leave all of the majority his or her possessions to a single person or organisation, such as a husband or wife, a child over 18 years of age or a charity.

It allows you to make specific gifts of money or personal possessions.

The remainder could be left to a family member, a friend, a charity or a group of people.

It has a "gift over" provision so that you can also nominate other people or a charity to receive your estate if your preferred beneficiary does not outlive you by more than a certain time period.

it is also suitable if you have young children. The will template allows you to appoint guardians to look after minors and trust provisions that set out how gifts to younger people should be managed until adulthood.

This template is written in plain English. This not only makes editing easy, but also makes it more certain that your wishes will be understood and followed.

Our guidance notes explain how to edit the document and provide extensive information about why we include each paragraph and the decisions you might need to make. Creating your own will is a straightforward process.

Once you have finished editing the document, you simply need to print, date and sign your will (witnessed by two other people) to make it legally binding. We explain exactly how to do this in the guidance notes.

You don’t need to involve a solicitor.

Who should use this template?

This document template could be used to make a will that covers many different circumstances.

We envisage that it is most likely to be used by someone who is:

  • married, leaving small gifts to family members and the remainder to a husband, wife or partner, or
  • a parent who wants to leave his or her assets to a spouse or partner and children
  • widowed, leaving all assets to an adult son or daughter, or
  • single, and leaving all assets to a family member or a co-habiting partner

This template is suitable for a man or for a woman - it isn't gender specific. We follow normal, modern legal convention of using the masculine form of a word regardless of the gender of the person, but of course you can edit this.

When to use this will

You can write a will at any time in your life.

Most people consider a new will when their financial circumstances change, or when relationships change.

It is recommended to make a new will after a major life change such as having a child, marriage, separation or divorce.

It is possible to change a will without making a new one, but a new one is usually the better option.

Document features and contents

  • Revocation of all earlier wills
  • Appointment of executors and trustees
  • Estate distribution
  • Guardian’s appointment
  • Gift over provision
  • Administrative and trust provisions
  • Professional charges
  • Alternative wishes for burial / cremation
  • Signatures and witnesses
Draftsman

This document was written by a solicitor for Net Lawman. It complies with current New Zealand law.

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