Terms and Conditions - Simple Will service

Public Trust Simple Will service Terms and Conditions

All terms and conditions as they relate to the Public Trust website also apply to the Public Trust Simple Will service. 

In addition, the terms and conditions set out below also apply to the Public Trust Simple Will service. 

1. Collecting personal information

We will collect information about you when you complete the Simple Will form. Our Privacy Policy and Security Policy apply to this information.

2. Inaccurate information

All information provided to us and the answers to all questions must be complete and accurate.  Once you have submitted your information on the Simple Will service form you are not able to change it online and you will need to contact Public Trust.

3. Change in circumstances

You should review your Will from time to time to ensure it meets your current circumstances.  If your circumstances have changed, such that any of the situations for which a Simple Will is not suitable, then you will need to change your Will and you should seek expert legal and professional advice to do so.

4. Capacity

By using this service to make a Simple Will, you represent that you have the legal capacity to make a Will and Public Trust is under no obligation to make enquiries in this regard.

5. Providing advice

The Public Trust Simple Will contains limited information to assist you in giving Public Trust instructions to make a simple Will. The information provided as part of this service is not intended to constitute legal or professional advice. This service does not contain the advice that you may need if your circumstances are complex.

While we will print your Simple Will at a Public Trust customer centre nominated by you and ensure that your Will is properly signed and witnessed, no advice will be given to you at that time if you have chosen our Simple Will service.

You must contact us if you think you need legal or professional advice or if you would like us to legally or professionally check your Will before you sign it. Additional charges may apply. Read our fees and charges price list. 

6. Disclaimer

To the extent permitted by law, no liability is accepted in respect of you, your personal representatives or the beneficiaries of your estate if you choose to proceed to sign your Will without asking us for advice.

To the full extent legally allowable, we disclaim all responsibility for damages or losses (including financial loss, loss of revenue, loss of profits or savings, indirect or consequential losses) arising in contract, tort or otherwise from your making of a Simple Will, with the exception of any liability arising as a result of fraud or negligence by Public Trust.

Without limiting the scope of the above disclaimer, all warranties, whether expressed or implied, as to fitness for purpose of a Simple Will are excluded to the extent permitted by law.

7. Challenges to your Will

There are several laws that can affect your Will and there is always the possibility that a Will can be contested.  Our Simple Will service is only suitable for some people - and we suggest you meet with a Public Trust adviser if your situation is more complex.

Here are the three main laws that can affect your Will...

  • 1. The Property (Relationships) Act 
  • 2. Family Protection Act
  • 3. Law Reform (Testamentary Promises) Act.

1. The Property (Relationships) Act  

This classifies property as relationship property or separate property and provides for the division of relationship property in the event that a relationship ends. If the relationship ends because of the death of a spouse or partner, the survivor must elect whether to accept what they are left under the Will of their deceased spouse or partner or to apply for a division of relationship property under the Act. 

2. Family Protection Act 

In a claim under this Act, the Court looks to see whether there has been a breach of moral duty to the claimant, judged by the standards of a wise and just Will-maker. The claimant's own personal circumstances, the degree of assistance already provided, the size of the estate and any other moral claims on the deceased's assets are all relevant. 

Any of the following persons may bring a claim:

  • Spouse or civil union partner    
  • De facto partner (including a same sex partner) at date of death   
  • Children    
  • Grandchildren living at the time of death  
  • Stepchildren (which includes children of a civil union or de facto partner) who were being maintained wholly or partly by the deceased immediately before the deceased's death or who were legally entitled to be so maintained      
  • Parents provided:     
    1. (a) the parent was being maintained wholly or partly immediately before the deceased's death or was legally entitled to be so maintained, or
    2. (b) at the date of the claim no child, spouse, civil union or de facto partner is living. 

Note: in considering any claim by a grandchild, the Court must have regard to any provision made in favour of that grandchild's parent. 

3. Law Reform (Testamentary Promises) Act 

A Claimant must prove a promise to make testamentary provision as a reward for services or work. The Act enables the Court to enforce that promise which might not have otherwise been enforceable under the law of contract.