MEDIA RELEASE – For immediate use, 26 June 2012

Law Society comments on cessation of Public Trust free wills service

New Zealand Law Society Property Law Section chair Chris Moore has acknowledged the announcement by Public Trust that it is ceasing its free will service for most clients.

“Your will is one of the most important documents you can make. You can’t change it when you are dead. You need a trusted adviser to consider all your circumstances. For years many lawyers have absorbed most of the costs of providing a will for clients, particularly when they are carrying out other legal work such as the purchase of a house or a relationship property agreement,” he said.

Mr Moore said lawyers are now operating on a level playing field with removal of much of the Government-subsidised will services. He said the Public Trust free will service applied only if the Public Trust were appointed executor, and this recognised the costs involved in will preparation. The Public Trust had announced that some clients would still qualify for free wills, but he assumed this would be people on very low incomes.

“While some wills are relatively straightforward, anyone who prepares a will has to consider all the circumstances that might apply. This requires experience and professional training,” he said.

“First, if you haven’t made a will and you are aged over 18, you should seriously consider doing so. Dying intestate can cause many problems. Secondly, if you want to make or change a will, speak to your lawyer or if you don’t have one, consult with friends and colleagues who may have used a lawyer and follow their recommendations. Most lawyers are experienced in will making and are very happy to provide a competitive quote.”

Public Trust has said the free wills service will cease on 1 July 2012.

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