Cropa

farm trusts

Wills and Estates for Farmers.

Table of Contents

Why do Farmers need a Will?

Writing a will is an essential responsibility that everyone should consider, as it serves as a vital legal document that ensures your final wishes are honored. It is crucial not only to create a will but also to update it regularly to reflect any changes in your life circumstances. 

 

We highly recommend that individuals review their wills every five years, but it may be prudent to reassess it sooner if significant events occur, such as changes in your relationship status, the expansion of your family through births or adoptions, or the acquisition of new assets such as an inheritance.

 

Whether you are drafting your first will or revising your existing one, our dedicated team is here to assist you in ensuring that your will is legally valid, accurately represents your desires, and effectively protects your assets. This document provides clear instructions regarding who will manage your estate after your passing, who will take guardianship of your minor children, and how your personal belongings and financial assets should be distributed amongst your beneficiaries.

 

In the unfortunate event that you do not have a will in place, the law mandates that the Crown will determine how your belongings are allocated, without taking into account your personal wishes or intentions. This could lead to outcomes that do not reflect your desires or provide for your loved ones in the way you envisioned.

 

In addition to a standard will, it is also important to consider creating a living will. A living will is a crucial document that outlines your preferences regarding medical treatment in the event you become incapacitated and are unable to communicate your wishes. 

 

This document is vital for both your family and your medical team, as it provides guidance on how you would like to receive care when you are unable to make decisions for yourself.

 

In summary, the preparation of both a will and a living will represents one of the most significant actions you can take to ensure that your wishes are followed and to protect and provide for the individuals you care about most. Taking the time to properly prepare these documents can offer peace of mind for both you and your loved ones, knowing that your intentions will be respected and upheld.

wills and estates for farmers

Why use a Lawyer for Wills and Estates.

Estate planning and will drafting can be a multifaceted and intricate endeavour that requires careful consideration and expert guidance. Engaging the services of a qualified lawyer can help clients navigate the complexities of estate laws, avoiding costly consequences that can arise from poorly drafted documents or misunderstandings. 

 

What may initially appear to be a straightforward gift or simple expression of one’s intentions could have significant legal and tax implications; lawyers are adept at recognizing potential pitfalls and recommending strategies to safeguard your inheritance and legacy.

 

For instance, allocating a specific asset to one beneficiary might inadvertently result in other beneficiaries shouldering an unexpected tax burden related to that asset. Lawyers have the expertise to craft wills that include tailored provisions and special clauses designed to address such scenarios, ensuring fairness and protecting your beneficiaries from unnecessary financial stress. 

 

Additionally, they can incorporate measures to prevent challenges to your will, such as clauses that deter disputes or safeguard inheritances from ex-spouses or other external threats. Their attention to detail ensures that even the most nuanced legal language is precise and aligns with your intentions, reducing ambiguity and the likelihood of a will being contested.

 

It’s also important to consider that the misinterpretation of even a single word in legal documents can lead to costly and time-consuming court proceedings that could have been avoided with precise drafting. Lawyers possess a comprehensive understanding of legal terminology and estate planning strategies, making sure that every clause and instruction authentically reflects your wishes and stands up to scrutiny.

 

 For these reasons and more, relying on a skilled lawyer’s guidance is an invaluable investment in ensuring that your estate planning documents are thorough, effective, and legally sound, protecting both your legacy and the interests of your loved ones.

Finding the right Wills and Estates Lawyer.

Lawyers tend to have specialist areas of work, which means they have skills and experience particular to one or several areas of law.

 

It is a helpful starting point to identify the type of specialist experience required for your situation. For example, if you are in a dispute with someone, you will need a litigation lawyer. 

 

If you are buying a rural property, you will need a rural property lawyer. Sometimes you might need a lawyer with more than one area of expertise.

 

The lawyers on this page all work in the areas of wills and estates. 

Talk to the Experts

Northland & Coromandel 

Waikato

Otago & Southland

Canterbury