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This book is only available in PDF format

Author: Theresa Donnelly
Published: 26 May 2025
Pages: 42

Introduction

Drafting a will is a deeply personal exercise, and it is both a privilege and a challenging exercise to be involved in preparing a s 55 will on behalf of a subject person. Not only do you have to do the subject person justice and get the exercise “right”, but it also needs to pass muster at Probate. This can be an increasingly difficult exercise to undertake. Just because the Family Court has sealed the will is no guarantee that the Probates Division will make the grant. You may do everything right from the Family Court’s perspective in terms of drafting a will on behalf, but the Probates Division may well decline the grant in the first instance. It is wise to be aware at the outset of some of the “grant” issues that s 55 wills can give rise to.

Perpetual Guardian as a statutory trustee company that holds over 90 property manager appointments at any one time and as such is often required to consider whether a s 55 will is indicated. This paper sets out lessons learned and top tips and tricks for smooth s 55 sailing. Making a will for yourself is tough enough – making a will for another person is a significant responsibility, especially when the person is not consultable (although in some cases may be appropriately able to express preferences which ought to be taken into account).

Content outline

  • The art of s 55 wills
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DONNELLY Theresa-169    
Theresa Donnelly
Perpetual Guardian
Auckland		    

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