DIY Will vs Using a Lawyer in New Zealand
Should you use a $30 will kit or pay $300-800 for a lawyer? This guide explains when DIY works, when you need professional help, and the NZ legal requirements for a valid will.
Quick Answer: When to DIY vs Use a Lawyer
DIY Will Kit Works When:
- • Simple estate (house, savings, personal items)
- • No blended family or stepchildren
- • No family trust or business assets
- • Leaving everything to spouse/children
- • No overseas property
- • Low risk of family disputes
Use a Lawyer When:
- • Assets held in trusts
- • Blended family with children from previous relationships
- • Business interests or partnerships
- • Complex wishes or conditions
- • Overseas property or assets
- • Estate over $500,000
- • Potential Family Protection Act claims
What Makes a Valid Will in New Zealand?
Under the Wills Act 2007, whether you use a DIY kit or a lawyer, your will must meet these legal requirements to be valid:
NZ Wills Act 2007 Requirements
- Age: You must be 18 years or older (exceptions exist for married persons under 18)
- Mental capacity: You must understand what you're doing and the effect of your will
- Written form: The will must be in writing (handwritten or typed)
- Signature: You must sign at the end of the will (or have someone sign on your behalf in your presence)
- Two witnesses: Two witnesses must be present together, see you sign, and then sign the will themselves
Critical Witnessing Rules
The witnessing requirements trip up many DIY will-makers:
- Both witnesses must be present together when you sign
- Witnesses cannot be beneficiaries (or their spouse/civil union partner) - this invalidates their gift
- Witnesses must be 18+ and of sound mind
- Witnesses don't need to read the will - they're confirming your signature, not the contents
Common Mistake
Having a family member who receives something in the will act as a witness. This doesn't invalidate the whole will, but that witness loses their gift. Many DIY wills fail here because people ask their children to witness.
DIY Will Kit Options in NZ
Several DIY will options are available for simple estates:
| Option | Cost | Best For |
|---|---|---|
| Paper will kit (stationery stores) | $30-50 | Very simple estates |
| Online will templates | $50-100 | Guided process with prompts |
| Public Trust DIY guide | Free (guide only) | Understanding requirements |
| Community Law Centre help | Free | Low-income individuals |
What a Will Kit Includes
- Template will document with blanks to fill in
- Instructions for completing and signing
- Guidance on choosing executors
- Witnessing instructions
- Sometimes: envelope for storage
Common DIY Mistakes That Invalidate Wills
These errors regularly lead to wills being contested or declared invalid:
Top 8 DIY Will Mistakes
- Beneficiary as witness: The gift to that person fails entirely
- Not revoking old wills: Creating confusion about which will applies
- Ambiguous language: "My things go to my kids" - which things? Which kids?
- Forgetting jointly-owned property: Joint property passes automatically to the survivor, not under your will
- Ignoring trust assets: Assets in a family trust aren't yours to give in a will
- No residuary clause: Failing to say who gets "everything else"
- Unsigned pages: Some courts require all pages initialled
- Dating issues: Undated wills cause problems proving which is most recent
The Ambiguity Problem
Consider this real example from NZ courts:
"I leave my property to my children equally"
This caused a dispute because:
- Did "property" mean the house, or all assets?
- Did "children" include stepchildren or adopted children?
- What happens if a child dies before the will-maker?
A lawyer would have used precise legal language to avoid these questions.
When You Need a Lawyer for Your Will
These situations require professional legal help:
Complex Family Situations
- Blended families: Children from different relationships need careful drafting to prevent disputes
- Estranged family members: If you're excluding a child or spouse, you need protection against Family Protection Act claims
- Dependants with special needs: Requires trust structures to protect benefit entitlements
- Overseas beneficiaries: Tax and legal implications vary by country
Complex Assets
- Family trusts: Trust assets aren't covered by your will - you need trust documentation
- Business interests: Shares, partnerships, sole trader businesses all need specific treatment
- Overseas property: May need separate wills for each country
- Investment properties: Tax implications for beneficiaries
- Life insurance: Nomination vs will distribution matters
Family Protection Act Concerns
The Family Protection Act 1955 allows certain family members to challenge your will if they haven't been adequately provided for:
- Spouse or civil union/de facto partner
- Children (including adult children)
- Grandchildren (in some circumstances)
- Parents (in some circumstances)
If you're not leaving assets to expected beneficiaries, a lawyer can help structure your will to minimise successful claims.
Cost Comparison: DIY vs Lawyer
| Option | Upfront Cost | Risk Cost |
|---|---|---|
| DIY will kit | $30-100 | $10,000+ if contested |
| Lawyer - simple will | $300-500 | Minimal |
| Lawyer - complex will | $500-800 | Minimal |
| Lawyer - mirror wills (couple) | $500-700 | Minimal |
| Public Trust | $250-500 | Low |
| Trustee company | $300-600 | Low |
The difference between a $50 will kit and a $400 lawyer-drafted will is minimal compared to the potential cost of a disputed estate (often $20,000-50,000+ in legal fees).
The Public Trust Option
Public Trust offers a middle-ground between DIY and private lawyers:
Public Trust Will Services
- Simple will: From $250 (individuals) or $400 (couples)
- Complex will: From $400-600
- Free will storage: If Public Trust is executor
- Nationwide offices: Face-to-face appointments available
- Home visits: Available for those unable to travel
Note: If you appoint Public Trust as executor, they charge fees when administering the estate (typically 1-5% of estate value).
When Public Trust Makes Sense
- You want professional drafting at lower cost than private lawyers
- You have no one suitable to be executor
- You want certainty your executor will still be around when needed
- You prefer a corporate trustee over family members
Storing Your Will
A valid will is useless if it can't be found. Storage options include:
| Storage Option | Cost | Pros/Cons |
|---|---|---|
| Your lawyer's office | Usually free | Secure; firm may close |
| Public Trust | Free if executor | Very secure; always accessible |
| Bank safe deposit box | $50-200/year | Secure; access issues on death |
| Home safe | One-time purchase | Convenient; fire/theft risk |
| With executor | Free | Accessible; potential conflicts |
Important
Always keep the original will - courts require the original document. Keep a copy separately and tell your executor where the original is stored.
Updating Your Will
Your will should be reviewed after major life events:
- Marriage (marriage automatically revokes existing wills in NZ)
- Divorce or separation
- Birth or adoption of children
- Death of a beneficiary or executor
- Significant change in assets
- Moving countries
- Setting up a family trust
Our Recommendation
Based on the costs and risks:
When DIY is Reasonable
- Estate under $200,000
- Leaving everything to spouse, then children equally
- No family trust or business interests
- No blended family
- Low risk of family disputes
- You're comfortable following legal requirements precisely
When a Lawyer is Worth It
- Estate over $500,000
- Any assets in trusts
- Blended family or stepchildren
- Business interests of any kind
- Excluding expected beneficiaries
- Conditions on gifts
- Peace of mind that it's done right
For most New Zealanders, spending $300-500 on a lawyer-drafted will provides excellent value compared to the potential consequences of a poorly drafted or invalid will.