Your Estate Help

This step lets you divide your residuary estate by percentage and set a fallback rule if a recipient can’t receive their share (for example, if they die before you). Your percentages must total 100%.

What is the “residuary estate”?

Your residuary estate is everything left after paying funeral and estate expenses, debts and taxes, and after any specific gifts have been distributed. If a gift in a will can’t take effect, it usually falls into the residue and is shared under these percentages.

How do I complete this page correctly?

• Add each recipient you want to share in the residue (people and/or organisations).
• Enter a percentage for each. The total must equal 100% (use “Split equally” if helpful).
• Select a condition for each recipient (what happens if they can’t take): see options below.
• Keep names consistent with your Beneficiaries list so everything lines up cleanly.

What do the “Condition” options mean?

• Per Stirpes — If a recipient can’t take, their descendants (e.g., children) take that share by family branch.
• Per Capita — If a recipient can’t take, their share is divided between the surviving peers at the same generation level.
• No Substitution — If a recipient can’t take, their share is re-divided among the other residuary recipients.

Tip: Many people choose Per Stirpes for close family so a child’s branch isn’t accidentally skipped.

What about organisations and minors?

• Organisations (charities, trusts, companies): use the full legal name; for charities, add the register details when available.
• Minors: it’s fine to include children. Funds are typically held until they reach adulthood (or in stages if you set this elsewhere).

Common mistakes to avoid

• Percentages that don’t add up to 100%.
• Choosing Other/unspecified relationships earlier, then forgetting to fill in Specify Other.
• Using nicknames or informal organisation names (use full legal names; add charity register details when possible).
• Leaving all recipients on the same condition when your intent differs (e.g., family vs charities).

Quick Questions

• What happens if a gift can’t be made? It generally falls into the residuary estate and is shared by your percentages.
• Can a beneficiary also be an executor? Yes — that’s common in NZ wills.
• What if my partner later claims relationship property? NZ law allows a surviving partner to elect a relationship-property division; this can affect what’s available to your estate.
• What if a family member says the Will is unfair? Some close family can apply to the Court for support out of the estate (separate to what you’ve allocated here).