We recommend that people with FASD seriously consider if they need to make their own will (if they have capacity to make a will). We feel it is important they get to say who they would like to leave any personal assets to rather than leaving it to the executor or the law’s default as set out in the Administration Act 1969.  If you are not sure if you need a will, you can always consult a lawyer.

You might also find it useful to access the People First NZ Easy Read resource on making a will.
You can access that here:  People First: How to make a will 

Things to consider 

Capacity to make decisions

New Zealand law assumes that everyone has the capacity to make their own decisions, unless there is a good reason to think this is not the case.

Supported decision-making

This process allows people to make their own decisions with support, which can help ensure they have control of their life. 

But here's the catch: your ability to make decisions isn't like an ‘on/off’ switch. It's more like a dimmer switch, and it can change.

• It's about specific decisions: You might be great at deciding what to have for dinner, but find it really hard to understand how to buy a house. That's normal!
  
  
• It can change over time: You might be perfectly capable today, but if you get very sick or older, your ability to make decisions might lessen. Sometimes it's temporary (like when you're really unwell), and sometimes it's more lasting.

A special kind of decision: making a will (testamentary capacity)

When it comes to making a will (the document that says what happens to your belongings and assets after you die), there's a specific kind of ‘decision-making power’ needed. Lawyers call this ‘testamentary capacity.’

To have this power, you basically need to understand three main things when you're making or changing your Will:

1. What a will is: You know it's a legal document about your property after you're gone.
   
   
2. What you own: You have a general idea of your money, house and other belongings.
   
   
3. Who you're giving it to: You remember the people who might expect to get something from you (like family or close friends), and you understand who you're choosing to include or leave out.

Important note: Just because someone has trouble making some decisions (and might even have a court-appointed support person for their daily care or money) doesn't automatically mean they can't make a will. They might have moments of clarity, or enough understanding to make this specific decision. But if there's any doubt, a doctor's check-up and a lawyer's careful hand are important to make sure the will is valid and won't cause problems later.

So, while the general rule is ‘you can decide for yourself,’ the law also recognises that some decisions are harder than others, and your ability to make them can vary.

The importance of a will

A will can be important for a disabled person in Aotearoa New Zealand for a number of reasons:

Estate planning
A will can help ensure that your assets are distributed according to your wishes after you pass away. This can help reduce stress on your loved ones and make the process of administering your estate smoother.

Supporting causes
You can include a gift in your will to support a cause you care about, such as an organisation that helps disabled people.

Peace of mind
Writing a will can give you peace of mind that your wishes are recorded.