Even a small error in your Will can cause significant delays and unnecessary expenses once it reaches the High Court for Probate.

Frequent causes of delay

• Missing or incomplete witnessing – there must be at least two witnesses, and both must be present together when you sign.
• Beneficiaries acting as witnesses – this invalidates any gifts made to that beneficiary.
• Spelling mistakes, missing or incomplete names.
• Ambiguous, contradictory or unclear provisions.
• Unexplained staple marks, smudges, or changes.
• Handwritten or “Will Kit” forms missing key clauses or provisions.

Each of these issues usually requires one or more affidavits to explain the problem – each affidavit costs money, adds weeks of delay, and increases stress for your executor and loved ones.

Examples:

1. Wrong witnesses
   John’s Will was witnessed by his adult son and daughter-in-law, both also named in the Will as beneficiaries. The High Court accepted the Will only after affidavits were filed to confirm John’s intentions. However, the gift to his son was forfeited because he had acted as a witness.
2. Missing witness details
   Margaret signed her Will correctly in front of two neighbours, but their names were not written on the document. When the Will went to the High Court for Probate, the court registrar required affidavits from both witnesses confirming when and how the Will was signed. One of the two neighbours had since moved. This delayed the grant by several weeks and added unnecessary legal costs.

The takeaway

A properly drafted and witnessed Will avoids delays, confusion, and unnecessary cost. Having your Will professionally prepared ensures the Probate process is simple and efficient when the time comes.

Our estate planning team can help you prepare a Will that is correctly drafted and properly signed, ensuring a smooth estate administration process when the time comes. Contact us today at kimberley.brown@smithpartners.co.nz or call (09) 837 6847.

Kimberley Brown is a Legal Executive in Smith and Partners’ Private Client team, supervised by Director, Carolyn Ranson. Kimberley assists clients with preparing Wills, Enduring Powers of Attorney, and other estate planning documents tailored to their needs.