Wagner Nicky: Wills Bill — First Reading 
Wagner Nicky: Wills Bill — First Reading 
[Volume:634;Page:5567] 
NICKY WAGNER (National) 
: 
 The Wills Bill as we have heard is designed to replace very old and foreign legislation—the Wills Act which dates back to 1837 in the UK. Like anything from that distant past the terminology is rather archaic. That makes it difficult for present day will-makers to create a will that clearly gives effect to their intentions. Although the provisions of the legislation are largely still effective there are also some anomalies that need to be addressed so it makes sense to simplify and modernise both the language and some of the law. But let me make it clear that this bill is not a wide-ranging reform. It is a tweaking of the law and the language to make the law more accessible and easy to administer and that has to be a good thing. I believe that it is comforting to all of us to know that others will conscientiously interpret our intentions accurately when we have passed on and are no longer here to defend our own interests. 
Changes in the nature of modern relationships and lifestyles are also recognised in this new bill with the existing rules being extended to include couples who have entered into civil unions. A few anomalies are also ironed out. Under current legislation formally separated spouses or civil union partners cannot inherit their estranged spouse’s estate if there is no will but if there is a valid will at the time of death they can inherit. Under the new bill spouses will be unable to inherit if a separation order is in force regardless of the status of a will. That seems to be a common-sense change. 
The Wills Bill reinforces the present law around who can make a will which is anyone as of right who is over 18. It also increases the flexibility for those who are under 18 and want to make a will. Anyone under 18 years can make a will if he or she is or has been married in a civil union or in a de facto relationship. I refer to the comment made by Nandor Tanczos—I agree with him that just because people are married or in a civil union does not mean that they can manage their financial affairs any better. It is common sense that we have a further provision allowing people under 18 years who want to make a will to go to the Family Court. As long as they understand the nature and effect of their actions they can get the court’s approval to make a will. That is a substantial change because previously people had to be 16 before they could even get permission to make a will. The provision is also much more detailed because it allows the will-maker the flexibility of getting a general exemption rather than having to return to the court every time any change has to be made. 
People who have current wills and are still alive to consider the options can rest easy that they will not need to change their wills unless those wills are particularly badly drafted or full of errors—and let us face it if that is the case they might be wise to make changes any way. Under the new bill the High Court has the ability to correct errors. It has a much higher power to correct errors and to use internal evidence to interpret wills for the prime reason of making sure that the will-makers are getting what was intended. 
It has already been mentioned by several speakers tonight but I think it is important to understand that it is no longer necessary for the testator actually to sign the will. Another person may do that under instruction as long as it is witnessed by two witnesses who need to be present when the will is made. That also applies to any kind of change or amendment made to the will. Also some flexibility is allowed for the High Court to validate a will even if it does not meet these formalities. 
So National supports the Wills Bill. Simplified and streamlined language and legislation concerning wills can only give the public more certainty and clarity in the writing of wills and that will mean for them generally a feeling of security that their intentions will be honoured which has to be a good thing. 
Bill read a first time. 
Bill referred to the Justice and Electoral Committee.referred to Justice and Electoral Committee