Asset Planning Lawyer Hamilton
Wills, Trusts & Powers of Attorney
Most of us don’t like thinking about what happens when we’re gone - or what happens if we can no longer make decisions for ourselves. But the people who love you will be very glad you did.
Asset planning isn’t just for the wealthy. It’s for anyone who owns anything, cares about anyone, or wants to make sure their wishes are respected. At Foundation Legal, we offer practical estate planning advice in Hamilton and across the Waikato - and because our fees are published upfront, you’ll know what to expect before you book an appointment.
Wills
A Will is one of the most important documents you’ll ever sign. It’s how you tell the people you leave behind who you’d like to look after your children, your pets, and everything you’ve worked for.
Without a valid Will, New Zealand’s intestacy laws decide how your estate is distributed - and that may not be what you wanted. Under intestacy rules, your estate passes to your closest relatives in a prescribed order, which can mean a partner or stepchild misses out entirely. It also leaves your loved ones dealing with legal complications on top of grief.
We draft Wills clearly and carefully, and we don’t rush the conversation. Our standard turnaround for a Will is three working days once we have everything we need from you - so even if you’ve been putting it off, it doesn’t have to take long to get sorted.
Not sure if your Will is still up to date?
Life changes - relationships, children, property and businesses. If yours hasn’t been reviewed in the last few years, it’s probably time.
Enduring Powers of Attorney
An Enduring Power of Attorney (EPA) appoints someone you trust - a family member or close friend — to make decisions on your behalf if you ever become unable to make them yourself. There are two types:
A property EPA - covering your financial decisions and property matters
A personal care and welfare EPA - covering decisions about your health and living arrangements
EPAs need to be in place while you’re still mentally capable of signing them. If you leave it too late, the people who love you may have to apply to the Family Court to get the authority to help you - a process that is both stressful and expensive.
Every adult, regardless of age or health, should have these documents in place. We make the process simple and explain everything in plain language.
An EPA isn’t just for older people.
Accidents and illness don’t keep to a schedule. Getting it sorted now is one of the kindest things you can do for your family.
Family Trusts
A family trust can protect your home and assets from a range of risks - including a failed business, an unexpected relationship breakdown, or a claim on your estate after you’ve gone. It’s also a way to make sure the right people receive their inheritance.
Whether a trust is right for you depends on your circumstances. Trusts involve ongoing obligations and costs, and they’re not the right solution for everyone. What we offer is an honest, straightforward conversation about whether a trust makes sense for your situation - not a product to sell you.
If you’d like to explore your options, we offer an advisory session where you can talk through your situation, ask all your questions, and get a clear picture before you decide anything. There’s no obligation.
Not sure if you need a trust?
Come around and have a conversation with our family trust lawyer in Hamilton. We’ll give you our honest assessment.
Transparent Fees
We publish our fee guidelines for all asset planning services. Whether it's a Will, an EPA or a Trust, you'll have a clear sense of what's involved before you commit.
Fees are confirmed when we understand the specifics of your matter, but there's no guesswork involved.
Get in Touch
Getting your affairs in order doesn't need to be daunting. Call us on 07 949 7879 (ext 1), email reception@foundationlegal.co.nz or drop into our office at The Base in Te Rapa.
We can also come to you - at home or at your workplace, at a time that suits you.
FAQs
What Happens If I Die Without a Will in New Zealand?
If you die without a valid Will, New Zealand's intestacy laws decide how your estate is distributed - and the outcome may not be what you'd have wanted. Under intestacy rules, your estate passes to your closest relatives in a prescribed order. That can mean a partner you weren't legally married to, or stepchildren, miss out entirely.
It also leaves your loved ones dealing with legal complexity at an already difficult time. A Will is the simplest way to make sure your wishes are respected.
How Often Should I Update My Will?
As a general rule, any major life change is a good reason to review your Will - a new relationship or marriage, the birth of a child, a separation or divorce, buying property or starting a business. If you can't remember the last time you looked at yours, it's probably time. We can review your existing Will and advise on whether it still reflects your situation.
What's the Difference Between the Two Types of Enduring Power of Attorney?
There are two: a property EPA, which covers financial and property decisions and a personal care and welfare EPA, which covers decisions about your health and living arrangements. You can have one or both. Most people set up both at the same time, since they cover different areas of your life - and you really need both while you're still mentally capable of signing them.
Do I Actually Need a Trust, or Is It Just For Wealthy People?
Trusts aren't only for people with large estates - but they're also not the right solution for everyone. A family trust can be useful for protecting your home from business risk, ensuring assets go to the right people, or managing how your estate is distributed. Whether it makes sense for you depends on your specific circumstances, your assets and what you're trying to achieve.
We offer a no-obligation advisory session where we'll give you an honest answer - not just a product to sell you.
Can You Set Up a Will, EPA, and Trust All at the Same Time?
Yes - and for many clients it makes sense to do exactly that. Wills, EPAs and trusts all work together as part of a broader asset plan, and having them set up by the same lawyer means nothing gets missed.
Because we take a 360-degree view of your situation, we can make sure everything is consistent and properly connected - rather than having different pieces of advice from different places that don't quite fit together.