Latest / The Curve / RTC75: Shit … do we need wills?
Transcript
- 0:00Welcome to Raising the Curve, a podcast designed to teach you everything you need to know
- 0:05to be better with your money.
- 0:07And the wise words of Amy Shurma were slipping carrots into the brownie recipe.
- 0:11I don't really get the saying.
- 0:14It's kind of like eating vegetables that actually taste good.
- 0:17You know, I'm just staring at what you're saying?
- 0:19Are you on the script?
- 0:20It's basically like saying, investing in finance can be boring, but it totally doesn't
- 0:26eat a bit.
- 0:27OK, OK, so we're making it fun by putting the carrot.
- 0:31OK, the vegetables are just good for you.
- 0:33It's the brownie recipe.
- 0:35OK, we got there, we got there.
- 0:36OK, OK, well, you've really got a finance brain.
- 0:39Yeah, one of us has to.
- 0:40This is a joke.
- 0:41OK, come and learn alongside me from Vick Harris, ex-fun manager,
- 0:45where I'm going to ask all the questions that you wish you could.
- 0:48And I'm going to be eating all the brownie you wish you could.
- 0:51It's so not the joke, Vick.
- 0:54OK, just come and talk and learn and laugh with us
- 0:56because together we really can raise the curve.
- 1:01This is a conversation that we have avoided for a while now.
- 1:05Haven't we?
- 1:06Death, death, death.
- 1:08Thank you for getting straight to the point.
- 1:12So we are talking about wills in this episode.
- 1:15And that is because we had a friend recently
- 1:18had a bit of a horror story where one of her family members passed away.
- 1:23We won't say who, because I feel like for privacy reasons,
- 1:26she probably would prefer we didn't.
- 1:28But essentially, they didn't have a will.
- 1:30And all they did it, but it was so old that it was almost null and void.
- 1:35And luckily, it didn't cause too much friction between the family.
- 1:40They managed to sort it out.
- 1:41But it made us think, shit, do we need a will?
- 1:45Yeah, yeah.
- 1:46When do you need a will?
- 1:47What is a will?
- 1:48Yes, so many questions.
- 1:49I mean, even for me, I'm like, do I even have enough assets
- 1:52to even think about having a will?
- 1:54I was like, I don't know, it seems like one of those things
- 1:56that you sort of just hear about in movies.
- 1:58Or you're like, I'm passed away.
- 2:00So why should it matter?
- 2:01Yeah, it's not my problem.
- 2:02I'm dead and gone, not in case of this point.
- 2:04But I mean, I think people would care more,
- 2:06because you've got a house and you've got more assets than I do.
- 2:10But I think what would be interesting is basically to figure out
- 2:13if that has any relevance to whether or not you need a will.
- 2:15Because some people don't have any savings.
- 2:17But does that mean they don't need a will?
- 2:19Who knows?
- 2:20But we needed a professional.
- 2:22Yes, obviously.
- 2:23Because do you have one?
- 2:24No.
- 2:26Do you?
- 2:29I feel like I should say yes, but I'm like, no, I don't.
- 2:32No, I did go to put one in place,
- 2:34and I kind of just got a bit too hard busking.
- 2:38And it was literally a form that I got from the post office.
- 2:42It was like a, I don't know, will 101.
- 2:45And it was like some little survey that you filled out
- 2:48and completed, and I couldn't even do that.
- 2:49I was like, oh, and it was true.
- 2:51I was like, well, when I passed away, I was like, who cares?
- 2:53I'm gone, which is very selfish mentality.
- 2:57But anyway, we wanted to talk to a professional
- 3:00because I think a lot of our listeners
- 3:03would be between 25 summer younger, you know,
- 3:08right up to 40, 50, 60, we've got a huge different range
- 3:13in terms of the listeners on this podcast.
- 3:14But the younger ones, particularly,
- 3:17I imagine would never have thought about getting a will.
- 3:19No.
- 3:20I mean, I actually hadn't until our friend
- 3:23had given us the story, and all of a sudden,
- 3:25Vic and I were at dinner together with her,
- 3:27and we were like, do you have a will?
- 3:29Do we need a will?
- 3:31We're running off now to do a will.
- 3:32Yeah, and I was like, I wrote my notes.
- 3:34How young are you two young to have a will?
- 3:37Remember, this is a good content topic.
- 3:39So we have got Belinda Hiennes from Footprint.
- 3:44Welcome.
- 3:46We're very excited to have you here.
- 3:47Thank you.
- 3:48I'm excited to be here.
- 3:49Thanks for having me.
- 3:50Family out of the house so that you can be here
- 3:52and not have people running around
- 3:54scraming in the background.
- 3:55And it's a Friday night in New Zealand,
- 3:57so we're very thankful.
- 3:58Yes.
- 3:59Yeah, thank you so much.
- 4:00Friday night, and I don't have a glass of wine, so.
- 4:02Oh, do you want to get one?
- 4:03What?
- 4:04Go and get one.
- 4:05Are you sure?
- 4:06No.
- 4:07We have a glass of wine.
- 4:08Well, it's Friday morning.
- 4:09Yeah.
- 4:10We don't just like to come just to go over.
- 4:14We don't.
- 4:15No.
- 4:16So can I, if we have drinks in the morning,
- 4:17we have this huge high, and then about 12,
- 4:20we're like, oh, yeah.
- 4:22Well, it sounds like we drink in the morning.
- 4:24We do not drink in the morning.
- 4:25We have one.
- 4:26We have one strike in the morning.
- 4:27When we drink in the morning, it's not a drink in the morning.
- 4:31It's not a drink in the morning.
- 4:32Yeah, it should be.
- 4:34Belinda, I would love if you could just
- 4:35give a bit of an intro.
- 4:37Who you are, the work that you're doing,
- 4:39I know that's a huge mess of thing,
- 4:41and you could do a monologue for an hour,
- 4:43but just a quick overview.
- 4:45What are you doing for work?
- 4:46Who are you?
- 4:47Just what's the meaning of happiness?
- 4:49Yeah, we'll be correct.
- 4:50Agedore the last part, that's not part of what you need to answer.
- 4:53Sure.
- 4:54So, I'm obviously South African,
- 4:56which I'm assuming you know from the surname and the accent.
- 5:00I moved to New Zealand in 2008,
- 5:03and met my husband here, also a South African.
- 5:07Why don't we do that?
- 5:08We always just cling to what we know, go away.
- 5:11Like over here, if we look at how many Kiwi friends
- 5:14we have in London, it's just so funny
- 5:16how we gravitate to what we feel comfortable with.
- 5:19Cause I had, he moved to New Zealand.
- 5:22Yeah, he was here before me.
- 5:24So he's been here for 18 years and half, 15 years.
- 5:27And we've got a gorgeous little eight-year-old boy
- 5:29that thinks he's going on 16.
- 5:31And when I moved to New Zealand,
- 5:33I started off in recruitment,
- 5:34and sort of stayed in recruitment for about six years.
- 5:38And then I decided to go into financial services,
- 5:41and I've sort of been there for the last nine years.
- 5:44I started off in the insurance industry,
- 5:48and was a senior manager of operations there.
- 5:52I think I had about 65 indirect reports.
- 5:55Oh my.
- 5:56So it was a massive rock.
- 5:57Gosh.
- 5:58Talk about absolute boss energy.
- 6:0265 people, oh God, I don't know if I can handle that.
- 6:06I don't know if you can handle that.
- 6:07Could you?
- 6:08God is a lot.
- 6:09And then I moved into financial wellbeing
- 6:12and wills in estate planning.
- 6:14And that's where I've been for the last three years.
- 6:16I made the move into working with footprint
- 6:19because I wanted to sort of focus on my family a bit more
- 6:21when I wanted to have a really good work life balance.
- 6:24Nice.
- 6:25I'd sort of got this perception that you couldn't have
- 6:28a senior role and be a good mum.
- 6:31And so I'd been prioritising my career quite a lot.
- 6:35So I thought, no, this is it.
- 6:37I'm now moving and fixing on the family.
- 6:40And I've been able to do both.
- 6:42I was about to say, do you feel like you've been
- 6:45excelling at work as well as at home?
- 6:47Definitely, definitely.
- 6:48I'm very lucky and I mean, footprint's great
- 6:51because we've got a lot of flexibility
- 6:53and we're trialling the four day week and things like that.
- 6:55So we're able to spend a bit more time with our families
- 6:59and do things that we enjoy doing.
- 7:01So now I work hard and play hard and enjoy life.
- 7:04So it's good.
- 7:05Can we try on a four day week?
- 7:07I was just going to say, because looking at me,
- 7:08like she had this thing, like, please, please, can we try?
- 7:11I'd love for you.
- 7:12Looking at me as if I'm the boss, which I'm totally not.
- 7:15Oh, you would do a four day week though.
- 7:18Yeah, I'd love for you.
- 7:20I mean, one day, who knows?
- 7:22I mean, I'm happy to give you all of my work
- 7:24if you reckon you'd do it in four days.
- 7:27We work 24 hours a day for four days
- 7:28and then you can have a last step yet.
- 7:30Oh, God.
- 7:31So also, I just want to say, this is not a sponsor's episode.
- 7:35At all, we just were genuinely interested
- 7:37about understanding wills in the space.
- 7:39This is for our own interest, really.
- 7:42Well, basically using this podcast
- 7:44to have our own situations.
- 7:46All right, firstly, let's get talking about actually
- 7:49wills in general.
- 7:50Can you explain in very layman's terms
- 7:54what actually is a will?
- 7:56I'm going to actually, can I give it my,
- 7:58hold on, wait, wait, wait, wait.
- 7:59You're going to take a step.
- 8:00Yeah, I want to take a step.
- 8:00Can I take a step?
- 8:01So is a will, a legal document that can you take over?
- 8:07A legal document that divides up all the states.
- 8:14Sorry, where you're, I'm not Googling this.
- 8:17This is from my brain.
- 8:18A legal document that dictates where,
- 8:21who and where your assets go when you pass away.
- 8:25How do we go?
- 8:27Are you done a team?
- 8:28That's a fantastic answer.
- 8:31But I knew that even more layman's terms.
- 8:35Even more layman's terms.
- 8:37Assets is even quite a full-on word, right?
- 8:39And so we just refer to it as your stuff.
- 8:43And how do you want your stuff to be distributed once?
- 8:47You're no longer here.
- 8:49And so there's a few key things that I guess
- 8:51go into a will that you need to sort of think about.
- 8:55And those things would be things like an executor,
- 8:59who's the most important person within the will
- 9:02when it comes to making sure that things are done correctly.
- 9:05So is that someone that you put in, sorry, oh my gosh,
- 9:08is that someone that is essentially when you do die?
- 9:12Actually, implements the will.
- 9:14So they're kind of like your director of the will.
- 9:17That's it, yep.
- 9:19And they legally and personally liable for making sure
- 9:22that it's done correctly.
- 9:23I don't want to be personally done correctly.
- 9:25Could be my director of my will?
- 9:28Your director.
- 9:29Could she be my executor, sorry.
- 9:31Oh, yes.
- 9:32Yeah.
- 9:33You're executor, yes.
- 9:34I have been the personal liability to make sure it's done
- 9:37how you set it.
- 9:38I don't want that.
- 9:39Really?
- 9:40Yeah.
- 9:41But if I die, you wouldn't feel like quite honoured
- 9:42that I'd said, please help me with my assets.
- 9:44I'd be grieving.
- 9:45Oh, yeah, yeah, true.
- 9:47But then what if I left you some of the will?
- 9:48Exactly.
- 9:49There's a lot of people that think like that.
- 9:50So when you're selecting your executor,
- 9:52you need to think of those things.
- 9:53And you need to think about the person that you put in that.
- 9:57Are they good with paperwork and admin tasks?
- 10:00She is.
- 10:01And what will they be going through at the time?
- 10:08Yeah.
- 10:09You want to hear that much, would you?
- 10:13No comment.
- 10:15But I just be stoked to get 100 bucks.
- 10:17100 bucks.
- 10:18That was so bogant down there.
- 10:22Yeah.
- 10:23I think deciding on your executor, it's so true.
- 10:27It's like, yes, you want someone really close to you that knows you well
- 10:29and will do what you say and know how you would feel in terms
- 10:34of dishing out your stuff.
- 10:36But then you'd also want someone that's a bit removed
- 10:39because gosh, having to grieve and then deal with that,
- 10:42like I would hate to burden someone with that.
- 10:44So there was a subtle step.
- 10:45Don't make me your executor.
- 10:49I would hate to burden someone.
- 10:50I would hate to burden someone with the paperwork.
- 10:54Sorry, we're kind of a bit loopy this morning.
- 10:56I'm enjoying it.
- 10:57I'm not going to lie.
- 10:58It must be all the wine.
- 11:01And so then in terms of, had you finished that, no?
- 11:04No, so sorry.
- 11:05Well, there's a few other important things
- 11:07that go in there like guardians and who you want
- 11:09to look after your children or your pets or your fair babies,
- 11:14funeral wishes and gifts of significance.
- 11:17So if you have that jewelry that you've got sitting there
- 11:20that you're wanting to give Sophie.
- 11:22Sorry, I'm just taking notes.
- 11:23This is great.
- 11:27You can do it after the episode, you know?
- 11:28Like, can you just focus on task in hand?
- 11:31I need to do a well, so I'm just taking notes.
- 11:34So in your well is not only money and things that you own,
- 11:38but people, so children, dogs, anything in your life,
- 11:44any stuff in your life, basically, that needs to be redirected
- 11:47or responsibility.
- 11:48That's exactly it.
- 11:49So you could have something like a sentimental guitar
- 11:51that you wanted to go to a certain person or a...
- 11:55Yes.
- 11:56Or anything you have.
- 11:57Yeah.
- 11:58Or your podcast stuff you may want to pass on.
- 12:01It's so weird to think about all that.
- 12:03It's so weird to think, would anyone even want
- 12:06my sentimental stuff?
- 12:07Or like, also, if I gave this to you and you're like,
- 12:10cool things, you know?
- 12:11And I reckon I'll sleep with it in a kiss of your day
- 12:14and miss you so much.
- 12:15And also, how far do you go down?
- 12:17Like, what about your clothes and your shoes?
- 12:18Underwear and...
- 12:19Yeah, like, at what point does it...
- 12:21But you're like, can I just stop now?
- 12:23Stop now? Like, yeah.
- 12:25Well, it's up to each person.
- 12:26So some people just go, I leave everything that I have
- 12:30to my husband and he was going to sort it out.
- 12:33That's a lazy old writer.
- 12:34I reckon.
- 12:34Wrapped it down.
- 12:35But I'm just like, that's what's in my world.
- 12:37LAUGHTER
- 12:38Definitely.
- 12:41Yes.
- 12:42And then so...
- 12:43OK, so say I have a will.
- 12:44I've put all these funeral wishes.
- 12:47I've put my executor on paper and my gifts of significance
- 12:51and all that.
- 12:52And now I've passed away.
- 12:54What happens?
- 12:55Like, what, where do you put it?
- 12:56Do you have your head in the ground like a time capsule?
- 12:58Do you lodge it on the internet?
- 13:00Like, what do you even do with it?
- 13:01Do you have to let the executor know, like,
- 13:03you're the executor where we are?
- 13:05So many questions.
- 13:06So, where do you put it?
- 13:08There's a very good question.
- 13:09So it's always important to store it somewhere safe,
- 13:12but not safe enough that no one knows where to find it
- 13:14because they need the original world
- 13:16to be able to go for probate, which is the next step
- 13:19once you pass away, that your executor goes and does.
- 13:22And that's sort of where they go to court
- 13:25and say, this is the last will.
- 13:27And basically, the court approves them
- 13:29to be able to go through and process your estate
- 13:32to go through a state administration.
- 13:34Everyone has to go to court to start actioning the will.
- 13:38You can't just go to a lawyer and say, this is the will.
- 13:40So once your assets or your stuff reaches
- 13:43a threshold of $15,000, it then
- 13:47means that you need a will in place
- 13:49if you want to decide who gets your stuff.
- 13:51If it's under $15,000, then your family can just deal with it
- 13:54and it doesn't have to go through the same process.
- 13:56It doesn't have to go through being administered
- 14:00and things like that.
- 14:01Your family can just do that.
- 14:03So, but anyone else, yes, it has to go through that process.
- 14:07To people have to pay to go to court, like, if you've,
- 14:10like, if it dies, she says, here you go.
- 14:13So if you're my executor, this is the will,
- 14:15I have to pay to go to court to start implementing her will.
- 14:19So how much, if I to ask you, how much do you think?
- 14:21If you had to guess how much it is to what the average
- 14:25estate administration fee is, what would you think?
- 14:29Couple of hundred.
- 14:30Is that to go to court?
- 14:31Is that what you mean?
- 14:32Like, what you would have to pay does that?
- 14:33That's to administer your estate.
- 14:34So administering your status, things like closing down
- 14:36your bank accounts, closing down your end revenue.
- 14:39Oh, how annoying.
- 14:40Sticking any debt you have.
- 14:42This is so much.
- 14:43A couple of thousand.
- 14:44I've got no idea.
- 14:45Is this including the court fees and everything?
- 14:47Yeah.
- 14:48The average fee for a standard administration is $10,000
- 14:53with a will in place.
- 14:54So that's what it got cost someone.
- 14:57And it takes six to 12 months to administer your estate
- 15:01with a will in place, with no will.
- 15:03It's 50% more and 50% longer.
- 15:07So if I had $16,000 and I had a will in place,
- 15:12you'd spend 10 of that swallowing it out.
- 15:15That seems barbaric.
- 15:17It's like, cool.
- 15:18Now I've got $6,000 to give you.
- 15:20All that.
- 15:21Don't worry about it.
- 15:22Yeah.
- 15:23Remember that's an average.
- 15:24So it depends on the size of your estate and whatnot.
- 15:27Also, the courts must be so busy.
- 15:29Every person passing away has to go to court.
- 15:32Yeah.
- 15:33Gosh.
- 15:34That needs to be digitised.
- 15:35Yeah.
- 15:36Yeah, that's why it takes so long.
- 15:38If it's with the will, it's taking six to 12 months.
- 15:41So without you looking at 12 to 18 months before
- 15:45you loved one and see that money.
- 15:46Hold on.
- 15:47So what say Sophie is married to Jim?
- 15:50And Jim is loving husband.
- 15:56We've got a couple of cute kids.
- 15:58And I won't go too much into my fantasy here, however.
- 16:02Say I die.
- 16:05Can I just have written on a napkin?
- 16:07Hey, babe.
- 16:08All my stuff's yours.
- 16:10Don't worry about going to the court and figuring it out.
- 16:13How can you just, is there any way of avoiding all of that nonsense?
- 16:17No.
- 16:18Not when your assets reach $15,000.
- 16:20Right.
- 16:21No.
- 16:22Yeah.
- 16:23You have to go through a process.
- 16:25And so the process, if you didn't have a will in place,
- 16:28would be that there's like a process in place.
- 16:31That's automated, I guess, in some sort of way.
- 16:34It figures out who you've got left in your life as in family members.
- 16:39And so most people think, oh, I've got a husband,
- 16:42everything goes to my husband.
- 16:43It doesn't work like that.
- 16:44It depends on who else you have left in your family.
- 16:47And a portion of that gets then distributed to other people
- 16:51within your family.
- 16:51So you could have an estranged aunt that you haven't spoken to
- 16:55for 20 years.
- 16:56And she could end up with part of your estate,
- 16:59based on how your family is set up.
- 17:02You could have a young Jimmy knocking on the door going,
- 17:04hi, I'm your long-lost child.
- 17:06I want half your estate.
- 17:08I think if my husband or his junior would hope,
- 17:10no, they not have a child.
- 17:11Could you not?
- 17:12No, but I remember talking to my mum, actually.
- 17:17And I don't know if this is podcast appropriate,
- 17:19but anyway, I'll say it.
- 17:20Her and dad set me down and me and my sister,
- 17:22and we're like, okay, this is where our bank account
- 17:24answers our will.
- 17:25This is, you know, like this is all the processes
- 17:27if we pass away.
- 17:28When was this?
- 17:29Sorry.
- 17:30This was probably quite a few years ago now.
- 17:31I've forgotten all of it.
- 17:32So really good conversation.
- 17:33We hear it, obviously.
- 17:35And she goes the first thing you should do
- 17:39is go to the bank and get cash out,
- 17:42go and get cash out of our bank accounts,
- 17:44because they freeze them or like, you know,
- 17:46if it's going to take 12 to 18 months to sort,
- 17:48they'll have things they still need to pay for and stuff.
- 17:51So they're like, go to the bank.
- 17:52And rinse them.
- 17:53Yeah, what?
- 17:54I know.
- 17:55And I was like, you would have just passed away
- 17:57and here I am running to the end.
- 17:59Give me $10,000 a month's cash.
- 18:02And I was just like, this is wild.
- 18:05But if you have to pay for the funeral
- 18:06and you have to, you know, all that kind of stuff,
- 18:08I kind of understood what she was coming from.
- 18:10But I was like, oh, my God, there's not going
- 18:12to be going through my head.
- 18:13If you've just passed, you indeed have just passed away.
- 18:15My sister will be like hysterically crying.
- 18:17I'm like, don't worry, Sarah, I've got this.
- 18:18I'm going to the bank.
- 18:20It was just so weird.
- 18:22But I guess it's kind of what you're saying
- 18:23when it takes so long to get through the courts
- 18:25and everything divvied up and you've still got bills
- 18:28to pay for like funeral and all that.
- 18:30Does it kind of make sense?
- 18:32Well, it's any personal assets do get frozen
- 18:35while it's being worked through.
- 18:36Any joint assets don't because in that scenario,
- 18:40the other person that asset is joined with
- 18:44ends up getting paid it out before it's all settled.
- 18:47Got you.
- 18:48So if you're thinking about insurance, for example,
- 18:50life insurance and you've got a ownership situation,
- 18:55the other owner will get paid that out without being frozen.
- 18:58Same with bank accounts.
- 18:59It's so important to set up your bank accounts correctly
- 19:02because exactly that scenario you've just said
- 19:06can play out where if your bank accounts on
- 19:09set up correctly, they can get frozen.
- 19:11But what's not set correctly?
- 19:13Is that jointed?
- 19:14Well, in the sense, not set up correctly,
- 19:17set up in a certain way, I suppose,
- 19:18because if your husband and you are sharing a bank account
- 19:21and it hasn't been set up in the correct ways,
- 19:24then it could all get frozen.
- 19:25Or if you have your bank account separate,
- 19:28then you could end up in a situation.
- 19:29We have an example of a husband and a wife
- 19:33who were married and they were a second marriage
- 19:36and they were living out of his bank account.
- 19:38And because they were living out of his bank account
- 19:41and hadn't set up as someone that could access
- 19:44and as an owner,
- 19:46she, when he passed away, got frozen
- 19:48and she ended up having to go and ask family for money.
- 19:52She was going through such a terrible time of hardship
- 19:55and couldn't make ends meet.
- 19:58And so at a time when you're grieving,
- 19:59like, that's the last thing you want to be able to,
- 20:01you want to go through.
- 20:02But are you saying that you have to have a shared account
- 20:06to be able to, if your partner wants to still access that?
- 20:10But that kind of sucks, though, doesn't it?
- 20:11Because it's like, but if you're passed away
- 20:13and you've got your own bank account,
- 20:15then it's, then that's kind of...
- 20:17But go to the bank and talk to them.
- 20:19Like, have these conversations with the bank.
- 20:21That's the important thing.
- 20:22I think people just need to understand
- 20:23that they need to be able to ask these questions
- 20:26and it's okay to ask these questions.
- 20:28That's a good point.
- 20:29You know, even if you have your individual bank accounts
- 20:31and going to have a conversation with bank,
- 20:33I can't give advice on how to set up your bank accounts.
- 20:35So I can't tell you that.
- 20:37But you're anything that's in your personal name
- 20:40or personal assets gets frozen when you pass away.
- 20:43How does the bank know you're gone?
- 20:45Are they checking the newspaper, like, you know,
- 20:47a bit trees every day?
- 20:48I don't know about banks,
- 20:49but I know, like, from a world and a lawyer side
- 20:53and that type of thing,
- 20:54there's companies that basically are set up
- 20:57to be able to go and do those searches.
- 20:58I imagine if that was your job
- 21:01and you were just in charge of telling people
- 21:03someone died.
- 21:04God.
- 21:06Hope your family's coming forward and saying something
- 21:09to the bank.
- 21:10I always think I would tell my family to not bother.
- 21:12I'd just be like,
- 21:13Do not alert anybody of my passing.
- 21:16Nobody will notice.
- 21:17I'm gone.
- 21:18Just slide it under the wrong.
- 21:20Don't even worry about it.
- 21:21I don't need a mention in the paper.
- 21:23Access all my stuff, you know?
- 21:26Like, maybe that's what your mum was meaning.
- 21:27Like, get the money out before you notify.
- 21:29Yeah.
- 21:30So that you can at least deal with it with my money.
- 21:33Yes.
- 21:34You know, et cetera.
- 21:35Good idea.
- 21:36Yeah.
- 21:37Oh my God, I've so many questions.
- 21:38Same.
- 21:39So can we just go...
- 21:40So if you don't have a will in place,
- 21:41what is the process then?
- 21:44Because I mean, a majority of our listeners,
- 21:45I would assume don't have a will.
- 21:48So what would that entail once they pass away?
- 21:51So in that scenario,
- 21:53the legislation steps in and decides
- 21:57how your estate is distributed.
- 22:00And that's where that process that I mentioned before
- 22:03comes in and there'll be some technical thing in the background
- 22:08that figures this out.
- 22:09I'm assuming.
- 22:10But basically it will be based on whoever's left in your...
- 22:14left in your family.
- 22:16And your...
- 22:17So if you didn't, you obviously wouldn't have had an executor.
- 22:20So therefore you will be...
- 22:22The courts will just allocate someone to you.
- 22:24So it could be a trustee company, for example.
- 22:27And they will go through a process of following the same types
- 22:31of things, looking at what assets you had.
- 22:33So the reason it takes so much longer is because none of this is
- 22:36documented in a world.
- 22:38And so, yeah.
- 22:39The biggest thing I can say is just put a will in place
- 22:42because it helps reduce the time.
- 22:45It makes it a lot easier for your family
- 22:48and your loved ones to be able to access those funds.
- 22:51And it's about making sure that you're protecting those
- 22:56that you're leaving behind.
- 22:58Well, it really isn't actually about you.
- 23:00It's an issue that the person creating it.
- 23:02But it's about the people that you leave behind.
- 23:04So you sort of need to remove yourself from the situation
- 23:07of thinking it's about you.
- 23:09That's a good point.
- 23:10Yeah.
- 23:11Can the regulator say, I've actually got a cousin
- 23:14that I'm going to distribute this person's money to?
- 23:17Like, are they legally required to give that to family members?
- 23:21Religious later.
- 23:22Sorry.
- 23:23What did I say?
- 23:24Regulately.
- 23:25I mean, it kind of works to me.
- 23:26You know what I mean?
- 23:27Yeah.
- 23:28Do they, is there any, like, blurry lines
- 23:31where those people could make decisions on someone else's money stuff
- 23:35to not go the right people?
- 23:37Do you know what I mean?
- 23:38Like, as an effort dies and she doesn't have a will.
- 23:40Could the, is it the regulator?
- 23:42Religious later.
- 23:43Come in and be like, then they allocate a company or someone to do it.
- 23:48Yeah, but can that company do something messed up
- 23:50with it where her family doesn't get the assets?
- 23:53You know, like, they'll go through that process.
- 23:55So it's actually documented.
- 23:56And if you had to go and look at, you know,
- 23:58go look it up in that type of thing.
- 23:59It would tell you, for example, if you had a spouse
- 24:04and you ended up with not having any children, for example,
- 24:08but you've got parents, then your parents end up getting a third
- 24:11of your estate as an example.
- 24:13Oh, okay.
- 24:14So there's like rules kind of.
- 24:16So there's like a calculation that goes and works those types of things out.
- 24:20So it's not just like a joe blog that's like,
- 24:23I think this person should get this.
- 24:25There's like a formula they follow, basically.
- 24:27Yes.
- 24:28No, a formula.
- 24:29And that's how you're estranged on to could end up with money
- 24:32when you don't want to do.
- 24:33I think that's quite fascinating though.
- 24:35I think, well, I personally didn't know that they don't decide
- 24:40the executor is someone in your close-knit family.
- 24:43They are the executor and then they're deciding how to divv it up.
- 24:46So it's not like saying, you don't have a will, but hey,
- 24:48you've got a sister, we're going to make her the executor
- 24:52because she knows you best and she can decide.
- 24:54They are that person.
- 24:56This random company person that you have never probably met before
- 25:00is going to decide how it's divvied up.
- 25:02Which I think is people probably think,
- 25:04oh, well, it'll just mean that my parents will make the decisions.
- 25:06It's like, no, no.
- 25:07So true.
- 25:08Yeah, no, no.
- 25:09It goes to a third party and then they make the decisions effectively
- 25:12give that money back to your parents.
- 25:14Yeah, that's possible.
- 25:15But yeah, I think that.
- 25:16Although, remember that is what their business is.
- 25:19So they, when we say that, you know,
- 25:22that your executor is legally financially liable
- 25:26for making sure that it's done to a T,
- 25:30any mistakes that they make is on them.
- 25:33Yeah.
- 25:34So if you're going to a business that that's what they do as a
- 25:37business, then at least the liability sits on them.
- 25:40But I think what VIX basically trying to say is just that if
- 25:43you don't have a will, thinking about if you die,
- 25:46some random person and some random company is deciding how
- 25:51all of the money that you have made, all the stuff that you've
- 25:54collected throughout your life is going to be divided,
- 25:56is made by someone who has absolutely no connection to you.
- 25:59Yeah.
- 26:00It's not that they're going to be able to do something dodgy.
- 26:02It's more the fact that you would think that that's quite a
- 26:05personal thing and that you would like someone who has
- 26:08your best interest, your family, your friends, best interest
- 26:10at heart, making those decisions.
- 26:12Definitely.
- 26:13Definitely.
- 26:14And that's the key thing.
- 26:16Have your say.
- 26:17It's about you being able to have your say.
- 26:19So if we were to think about the idea of how young
- 26:22is too young to have a will or how much stuff do you need
- 26:26to have to have a will, would you say the general rule of
- 26:29thumb is it's not so much about age, but it's more about what
- 26:32you have.
- 26:33And if you have over $15,000, you should have one or $15,000
- 26:38worth of anything that's worth $15,000.
- 26:41Yeah.
- 26:42So there's a couple of things there.
- 26:44There's a huge misconception around being too young and
- 26:47we hear it all the time.
- 26:49I'm too young and I don't have any assets.
- 26:51So therefore I don't need one.
- 26:53Anyone over the age of 18, not 15, please.
- 26:56No.
- 26:57Can put a will in place.
- 27:00So if we're looking at how many people have a will in New Zealand,
- 27:0350% of New Zealanders have a will and 91% of them are retirees.
- 27:08So that shows you the gap that we're trying to close on
- 27:11walls.
- 27:12Wow.
- 27:13And only so if we think about the listeners that would be
- 27:16listening into this, I think it's around 7% of 20 to 35
- 27:20year olds have a will.
- 27:22Seven percent.
- 27:23Wow.
- 27:24And so if we think about the aging population at the moment,
- 27:27it is an aging population.
- 27:30We're hearing things around trillions of dollars being transferred
- 27:36to millennials in the next 20 years.
- 27:39And those millennials don't have a will.
- 27:42They haven't got a will in place.
- 27:45And I would say way more than 7% would have at least $15,000
- 27:49of assets.
- 27:50Whether it be a car, a house, savings.
- 27:53Totally.
- 27:54Anything.
- 27:55Yeah.
- 27:56Can we save it?
- 27:57Can we save it as an asset?
- 27:58And the average asset, the average can we save is 27,000 at the
- 28:01moment.
- 28:02So, you know, the thing would specify as an asset and help build
- 28:07that is things like shares or life insurance, can we save
- 28:11your car as you say?
- 28:13And everyone always forgets their personal belongings.
- 28:16So, you know, it's not your house at home.
- 28:18Like all the things you've got in there.
- 28:20It can quite easily reach $15,000.
- 28:23Yeah.
- 28:24Do you think that percentage is so low because people think
- 28:27it's time consuming.
- 28:29It's costly.
- 28:30You know, like what do you think the big barriers are to,
- 28:33you know, apart from education, but, you know, in terms of
- 28:36actually putting a will in place?
- 28:38Definitely.
- 28:39There is a lot of people that think it's time consuming.
- 28:43It's also a topic that I think people are nervous to talk
- 28:46about or nervous to sort of talk to.
- 28:49It's a lot cheaper or a lot cheaper and a lot easier than
- 28:53people think.
- 28:54You can do a will online in 15 minutes.
- 28:58And you can do it from the comfort of your home.
- 29:00So, you can sit on the couch at home while you're watching TV
- 29:02and do it.
- 29:03And it's a question answer form of things, you know, like your
- 29:06name and what your mother's name is and your father's name and
- 29:08things like that.
- 29:09And it can cost as little as $85.
- 29:12So, gone other days where you have to spend hundreds of
- 29:15dollars going and putting a will in place.
- 29:17Obviously, there's different situations.
- 29:19If your situation was more complex and you needed some additional
- 29:23support around that, you know, if you had business and things
- 29:26like that, then you may want to sit down with someone and have
- 29:29that conversation and have a more complex will put in place.
- 29:32But it doesn't have to be difficult.
- 29:35And it's about having that piece of mind and giving your
- 29:39family that piece of mind when you're grieving or when they
- 29:42grieving, sorry, that you've made it as easy as possible
- 29:46on them.
- 29:47Oh my god.
- 29:48You know, at the start of that answer, you said, you know,
- 29:50a lot of people just avoid it because it's an uncomfortable
- 29:53thing to think about.
- 29:54I totally get that.
- 29:55Well, anyone be listening to this podcast.
- 29:57Like we're talking about money, which already people are
- 30:00uncomfortable.
- 30:01And then we're adding wheels on top of it.
- 30:03I'm like, do you like money?
- 30:05Yeah.
- 30:06The two worst, scariest things that people hate talking about.
- 30:09I'm like, I hope people are listening.
- 30:11What else could we throw in there?
- 30:12We could talk about.
- 30:13Monography, maybe like sex, one of the other awkward things.
- 30:17Okay.
- 30:18So it's not expensive.
- 30:19It's really easy to do online, et cetera.
- 30:22What other questions do we have in terms of barriers?
- 30:24Because I think, I mean, how often should you update it?
- 30:27Is it something you need to go back and look at?
- 30:29Yes, yes, yes.
- 30:33I bump into people that tell me they haven't updated it for 20
- 30:36years.
- 30:37And you have to keep it up to date.
- 30:39We always say, try and update it every two to three years.
- 30:43Or alternatively, when you have a big laugh event that's
- 30:47happened, things like getting married, having a baby
- 30:50buying a house, all those sort of things or big laugh events,
- 30:54affect your estate and affect how many assets you have.
- 30:58And some of the things that people don't realize is that
- 31:01when you get married, if say you have a will in place,
- 31:04and then you get married, and in your existing will,
- 31:07you haven't put a clause in that.
- 31:09It's called a contemplation of marriage clause that basically says,
- 31:12my will stays valid after I get married.
- 31:15If you haven't got that clause in your will and you get married
- 31:18and you don't update your will, your will becomes invalid.
- 31:21And this is if you actually don't have a will in place.
- 31:24So you pass away, you pass away with no will in place.
- 31:28Just don't get married.
- 31:30Yeah.
- 31:31That's what I take away from it.
- 31:34Holy.
- 31:35Wow.
- 31:36So can you have a napkin will?
- 31:38Can you have one written down on paper that you've signed
- 31:41that you're like, this is something, can you have a low fire one?
- 31:44Or does it have to be lodged formally?
- 31:47With a lawyer?
- 31:48Yeah.
- 31:49Like all that?
- 31:50No, so well, I wouldn't recommend either writing it on a napkin.
- 31:54But you do, you do pay us.
- 31:57What about you?
- 31:59You do get wills that you can get through all sorts of avenues
- 32:03writing it on a piece of paper is better than nothing.
- 32:06However, it needs to be signed and witnessed correctly
- 32:10and things like that for it to be valid.
- 32:12Obviously being able to put your intentions down
- 32:15on a piece of paper again is better than nothing.
- 32:18And what would have to happen, I don't quote me on this.
- 32:21But basically what would have to happen is that you'd have to have no
- 32:23dispute your piece of paper for it to probably go through and be valid.
- 32:28Imagine being in a courtroom like, well, this is what she said.
- 32:32It's like I've got a bit of tomato sauce on the corner.
- 32:35I think it says I get 10,000.
- 32:37It could be 10 million.
- 32:39I don't know.
- 32:40There's a bit of tomato sauce on the O.
- 32:43Do you find your job is quite morbid in terms of people coming to you,
- 32:49you know, creating worlds, but then also afterwards when they're grieving
- 32:55and they're trying to execute the well, how do you deal with that?
- 33:03So it's for Prince.
- 33:05So we only do the drafting of the walls.
- 33:09Okay.
- 33:10So we're non-advised.
- 33:11We're not executors or anything along those sort of lines.
- 33:14But we do hear some stories and we offer and wills as an employee benefit.
- 33:20And we often hear it through that journey.
- 33:22So we'll hear from the HR manager, for example, that someone in the workplaces passed away or something along those sort of lines.
- 33:28We had a situation where someone had taken their will out with us as an employee.
- 33:33And their partner was terminal and was going to pass away in the next week or so.
- 33:39And we ended up organizing a well for them really quickly before they passed away.
- 33:45We organized for during power of attorneys to be put in place for them.
- 33:49And they ended up passing away two days after signing it.
- 33:53And so yeah, in that situation you hear some really, really tough stories.
- 33:58But I can say that I'm just so proud to have been able to in that situation put something in place for that person.
- 34:05And for that family, so that we were reducing the hardship on that family.
- 34:08So, you know, yes, there's some tough stories you hear.
- 34:11But there's also some good ones.
- 34:13From my perspective, I look at it as from a well perspective, we were only doing good.
- 34:17Like there's no, no negative thing I can tell you about that a will putting a will in place is going to do for you or bring on your family.
- 34:24What about situations when, because I mean, even in my family, there was a situation,
- 34:30which again, I won't go into detail with, because I feel like it's probably inappropriate to share.
- 34:34But where there was a will that was contested.
- 34:39Well, no, basically what happened is I think it was changed really close to someone dying.
- 34:45And what came out of it was a partner of like not very long ended up inheriting everything.
- 34:53And I'd be kind of curious to know how does it work in terms of proving someone's conscious state of mind and, you know,
- 35:02in terms of changing those details, whether it's an old person or not.
- 35:07Someone that maybe isn't a compromising position.
- 35:10How is it proven that when they make those changes, they haven't been coerced or under, yeah.
- 35:18Basically every will has to have two witnesses when they're signing the will.
- 35:23And so it would be through that process.
- 35:27As I say, we don't administer the state since in that side of things.
- 35:31So then the process that they go through around that I'm not 100% sure.
- 35:35But from our perspective of things, you know, doing a will you have to have it signed and witnessed for it to be valid.
- 35:42And it has to have the two witnesses there.
- 35:45So from our perspective, it sort of has to be in that side of things.
- 35:49I know this is morbid, but like you could have two people there who don't have that person's best interests at heart.
- 35:53Yeah.
- 35:54That are two witnesses to evil step sisters.
- 35:56Yeah.
- 35:57Like Cinderella.
- 35:58Cinderella.
- 35:59Yeah.
- 36:00They wouldn't have done what's best.
- 36:01Challenge quite often.
- 36:02Yeah.
- 36:03So it's about making sure that you talk to your family about what you've put in your will,
- 36:08why you've put something in your will.
- 36:11You're reasoning behind it.
- 36:13You know, they're not going to have the opportunity to be able to talk to you and ask you those questions later on.
- 36:18So be brave and have those conversations up front.
- 36:21And if you're not comfortable doing that.
- 36:23Write a letter that you put with your will that explains those types of things,
- 36:27because that then supports your thinking behind it.
- 36:30What is Victoria?
- 36:31What's your question?
- 36:32She just put her hand up.
- 36:33What if.
- 36:35Have you ever heard of situations where someone gets to leave something they don't want?
- 36:40Like in terms of like, here's my three kids.
- 36:43And you're like, I don't want them.
- 36:45You know?
- 36:46Like what?
- 36:47And there was no discussion between what I was leaving to you or, you know, if I was like, here's me, so my dog.
- 36:53And you're like, I don't want me so.
- 36:55Yeah.
- 36:56What happens?
- 36:57Yeah.
- 36:58I mean, if it's money, people are probably like, yeah.
- 37:00Yeah.
- 37:01It would be people that won't.
- 37:02So I'm curious to know like, what's the default?
- 37:04If someone says, I don't want to accept XYZ.
- 37:07So in our wills, we have options.
- 37:11And so we suggest always that you select someone, but then select a backup person as well.
- 37:17And so we have that with executive.
- 37:20It's key with executive to have a backup.
- 37:22We have that with a guardian.
- 37:24And we have it with pet guardians too.
- 37:26So there's always a backup for each key person.
- 37:29So you'd be like, you're not my A pick.
- 37:31You're my B.
- 37:32Yeah.
- 37:33It's like the understudy.
- 37:34Yeah.
- 37:35So if you said no, so we won't.
- 37:37Yeah.
- 37:38We're even have options for like temporary guardians for pets because, sorry, for kids, because some people, I guess, being from overseas myself,
- 37:47Mark needs someone to be a temporary guardian until the guardian can actually arrive to look after the child.
- 37:53It's like that Catherine Hygel movie.
- 37:57Oh my god.
- 37:58She was in my dream last night.
- 37:59That is so weird.
- 38:00I was in a relationship with her in my dream last night.
- 38:02Yeah.
- 38:03Pissar.
- 38:04But her and her, her and her friend get left.
- 38:06Look at that.
- 38:07It's so weird.
- 38:08I only just remembered that now.
- 38:09We were sharing a single bed.
- 38:10It was quite bizarre.
- 38:11Sorry.
- 38:12I can't do you.
- 38:13But her and what's his name, the other guy, they get their friends, their mutual friends, pass away.
- 38:20And they leave the things to us, their kids to them, but they haven't told them.
- 38:23And they're like, what?
- 38:25They're like us.
- 38:26I get it.
- 38:27That's what I was just going through me here.
- 38:28I was like, imagine if you're like, here's three children.
- 38:30And yeah.
- 38:31Any.
- 38:32Are there any other key things that people need to remember?
- 38:35Or like mistakes that people commonly make or misconceptions that we could kind of just like cover off before we wrap up?
- 38:42Anything that we haven't mentioned or asked about?
- 38:45I think for me, if I had to say top three would be making sure that you're putting a backup executor.
- 38:53If your executor passes away before you, again, you, as if you've passed away without a will,
- 38:58making sure that you've signed and witnessed it correctly.
- 39:02And then the storing it, making sure you stored it somewhere really safe.
- 39:06But tell people about where it's stored, because they need the original to go to probate.
- 39:11This is such a weird conversation, isn't it?
- 39:13It's so weird to think about.
- 39:15Imagine having to, I mean, I know we're going to all have to do this after this episode, obviously.
- 39:20But how strange to go and, for me, I'm just even thinking what stuff I have and who I would want to have it.
- 39:27Do you even know, like, what, where you would send assets or how?
- 39:31I think, how would you give it to it?
- 39:32I'd just be lazy and like give it to one person to then give it up.
- 39:35Would you?
- 39:36But isn't that kind of leaving it up to like potential family dramas?
- 39:40I know, yes.
- 39:41Would your house go to your sister or to your parents?
- 39:44I do not depend who's alive when I'm passing away.
- 39:47Right now, if you had to give your stuff, do you have any idea of how you would divvy it up?
- 39:52No.
- 39:53Maybe it's this weekend's job.
- 39:55What about me, so?
- 39:56Me, so would get the house.
- 39:58Oh, my God.
- 39:59This is the dog.
- 40:00So obviously, Vex and all thought about her will very hard at all.
- 40:04I think we'll be circling back to it.
- 40:06I think it's more the business.
- 40:08What do you mean? Surely I get it.
- 40:11No, but if you make a plan.
- 40:15Yeah, if you passed away, who does your part of the business go to?
- 40:19Like, I don't want to be doing this with your dad.
- 40:21You know, it would be to you.
- 40:23Sure, I'll just give it to you.
- 40:25Vice versa.
- 40:26My call, right?
- 40:27Both of us close down the chair.
- 40:29He would love it.
- 40:31Yeah, I know.
- 40:32That's why it's concerning.
- 40:33I won't do that to you anyway.
- 40:35Oh, gosh, what a fascinating conversation.
- 40:37Thank you so much, Bill and I.
- 40:39Cannot believe we haven't had this sooner, honestly.
- 40:41And I'm really excited for this weekend.
- 40:44We're going to sit down and do a well.
- 40:46We need to circle back to where we got to.
- 40:48I reckon we should share what we do with our will.
- 40:50Who we give it to.
- 40:51Yeah.
- 40:52That's actually so interesting.
- 40:53We'll do a follow-up.
- 40:54Quite fun to go a bit rogue.
- 40:55Oh, God.
- 40:56Cheers.
- 40:57I don't know.
- 40:58That's the thing is actually make your will.
- 41:01Can I say something please?
- 41:02Make your will about your life.
- 41:04Like, we've had people that have put some really cool stuff in their will.
- 41:09And that's really cool.
- 41:10Can you give some examples?
- 41:11Like, especially under the funeral wishes.
- 41:13Because we've had someone say they want us.
- 41:16It wants a actor to be hired to play the grim reaper at their funeral.
- 41:21Oh, my gosh.
- 41:22And we've had someone say they want a bottle of bourbon to be at the burial site.
- 41:28And everyone has to take a look.
- 41:30Everyone has a tequila shot at my wedding.
- 41:32Yeah, definitely.
- 41:33Wedding off you.
- 41:34Sorry.
- 41:35Oh, my gosh.
- 41:36Both.
- 41:37Oh, my gosh.
- 41:38Wow.
- 41:39Everyone has a tequila shot at my funeral.
- 41:40How fun.
- 41:41Yeah.
- 41:42Okay.
- 41:43Or the prohibitive.
- 41:44I'll be born.
- 41:45Yeah.
- 41:46I'd be so mad at you if you made me do it.
- 41:48No, it wouldn't.
- 41:49I'd be like, love you, bye.
- 41:50Yeah.
- 41:51Okay.
- 41:52I think we should definitely do this.
- 41:54Also, how funny would it be to call people?
- 41:56And they're like, can you be ill?
- 41:57Execute it.
- 41:58Execute it.
- 41:59Not my first one.
- 42:00You're my second choice.
- 42:01The option.
- 42:02Well, under this has been such a good chat.
- 42:05Like so much better than I was expecting.
- 42:07Not that I was expecting it to be shit, but I just didn't know what to expect.
- 42:10Who thought death could be so fun and fascinating.
- 42:13Yeah.
- 42:14Thank you.
- 42:15Thank you for sharing all of your knowledge in terms of if people do want to go and make
- 42:18a will.
- 42:19What are their various options?
- 42:20Do you just Google where do I, you know, do you know?
- 42:22I mean, I'm assuming footprint, but are there lots of different options?
- 42:26There are.
- 42:27There's a variety of options.
- 42:30You can do it online as I say through footprint.
- 42:32There's other world providers that do the same type of thing.
- 42:35You can go to a trustee company.
- 42:38They do it.
- 42:39You can go to lawyers using websites like sorted in those types of places.
- 42:44They promote things like this too.
- 42:47So it's all about researching it and just having a look at what's convenient to you.
- 42:53What's easy for you and what works for you.
- 42:57Great.
- 42:58And you're never too young.
- 43:00Never too young.
- 43:01Yeah.
- 43:02I'm going to have to do a will.
- 43:03I've got so many things in my to do list.
- 43:05It's a bit stressful really.
- 43:07So much admin when it comes to just being an adult, isn't it?
- 43:11Yeah.
- 43:12But yeah, we really appreciate your time.
- 43:14Thank you for putting your Friday night aside to hang out with us.
- 43:16We really appreciate that.
- 43:17I'll go have a wine.
- 43:19Thank you so much.
- 43:20Yeah, enjoy your wine.
- 43:21Chanty, so we'll let you know if we have any weird disputes
- 43:24while putting our wills together.
- 43:25Thank you so much for listening to Raising the Curve.
- 43:35These conversations are designed to teach you everything that you need to know
- 43:38to be better with your money.
- 43:39From saving, to investing, to talking to your friends about your salaries.
- 43:43And if you liked what you heard, we would love it.
- 43:46If you could hit the subscribe button, please.
- 43:48Yes, please.
- 43:49Or leave a review.
- 43:50It'll only take five seconds and it would really make our week.
- 43:53Oh yeah.
- 43:54Our month.
- 43:55Okay.
- 43:56Lots of love. See you soon.
- 43:57Bye.