Wills & Estates FAQ NZ 2026 | Your Questions Answered

Q: Do I need a will in New Zealand?

While not legally required, having a will is strongly recommended for all New Zealand adults. Without a will, your assets are distributed according to the Administration Act 1969, which may not reflect your wishes. A will lets you choose who receives your assets, appoint guardians for minor children, name an executor you trust, and potentially reduce family disputes. Even if you have few assets now, circumstances change - marriage, children, property purchases, and inheritances all make a will essential.

Q: What happens if I die without a will in New Zealand?

If you die without a will (intestate) in New Zealand, your estate is distributed according to the Administration Act 1969 formula. If you have a spouse/partner but no children, they inherit everything. With a spouse and children, your spouse receives personal chattels, the first $155,000, plus one-third of the remainder - children share the other two-thirds equally. Without a spouse, children inherit equally. Without spouse or children, parents, siblings, then extended family inherit in order. De facto partners of 3+ years are treated the same as married spouses.

Q: How much does a will cost in New Zealand?

A simple will in NZ costs $300-600 when prepared by a lawyer. Complex wills with trusts, multiple beneficiaries, or business assets cost $800-2,000. Mirror wills for couples are typically $500-900 for both. Public Trust charges from around $350 for basic wills. DIY will kits cost $30-100 but carry risks of invalidity. Enduring Powers of Attorney add $200-400 each. While lawyer-drafted wills cost more upfront, they prevent costly disputes and ensure your wishes are legally enforceable.

Q: What is probate and when is it required in New Zealand?

Probate is a court order that confirms a will is valid and authorises the executor to administer the estate. In New Zealand, probate is typically required when: the estate includes real property (land/house), assets exceed $15,000-25,000 (banks set their own thresholds), shares need to be transferred, or institutions require it before releasing funds. The executor applies to the High Court with the original will, death certificate, and an inventory of assets. Without probate, banks and Land Information NZ won't transfer assets.

Q: How long does probate take in New Zealand?

Straightforward probate applications in NZ take 4-8 weeks for court processing. However, the full estate administration process typically takes 6-12 months. Complex estates with property sales, business interests, or disputes can take 1-2 years or longer. Key timeframes: gathering documents (2-4 weeks), preparing application (1-2 weeks), court processing (4-8 weeks), collecting assets (2-3 months), paying debts (varies), distributing estate (2-4 weeks). A claims period of 6 months from probate grant allows potential claimants to come forward.

Q: What is an executor and what do they do?

An executor is the person named in your will to administer your estate after death. Their responsibilities include: applying for probate, locating and securing assets, paying debts and taxes, distributing assets to beneficiaries, and keeping accurate records. Executors have legal duties to act honestly, impartially, and in beneficiaries' best interests. You can name one or multiple executors, including professional trustees like Public Trust. Choose someone trustworthy, organised, and willing to act. Executors can claim reasonable expenses and may receive a commission (typically 1-5% of estate value).

Q: Can I write my own will in New Zealand?

Yes, you can legally write your own will in New Zealand. Under the Wills Act 2007, a valid will requires: you must be 18+ years old, the will must be in writing, signed by you at the end, and witnessed by two people present together who then sign themselves. Witnesses cannot be beneficiaries or their spouses. DIY wills work for simple estates but carry risks - unclear wording, invalid witnessing, and missing assets in trusts cause disputes. For anything beyond basic assets to one or two beneficiaries, professional drafting is recommended.

Q: What is a family protection claim in New Zealand?

A family protection claim allows certain family members to challenge a will if they believe they weren't adequately provided for. Under the Family Protection Act 1955, eligible claimants include: spouse/partner, children (including adult children), grandchildren whose parent has died, and parents (if the deceased had no spouse or children). Claims must be filed within 12 months of probate. The court considers the claimant's needs, the deceased's reasons for their will, estate size, and other beneficiaries' needs. Even a well-drafted will can be varied if the court finds provision was inadequate.

Q: Can I contest a will in New Zealand?

Yes, wills can be contested in NZ on several grounds: Family Protection Act claims (inadequate provision for family), testamentary promises claims (if deceased promised to reward you for services), undue influence or lack of capacity when the will was made, or procedural invalidity. Claims must generally be filed within 12 months of probate. Contesting a will is expensive ($10,000-50,000+) with no guarantee of success. Legal aid may be available if you qualify. Courts prefer out-of-court settlements, and many disputes resolve through mediation.

Q: What is an enduring power of attorney (EPA)?

An Enduring Power of Attorney (EPA) is a legal document that appoints someone to make decisions for you if you lose mental capacity. In NZ, there are two types: EPA for Property - covers financial and property decisions, can operate immediately or only on incapacity; EPA for Personal Care and Welfare - covers health, living arrangements, and welfare decisions, only operates when you lack capacity. EPAs are essential estate planning documents. Without one, your family may need expensive court applications (up to $5,000) to manage your affairs. EPAs cost $200-400 each to prepare.

Wills Basics

Do I need a will in New Zealand?

While not legally required, having a will is strongly recommended for all New Zealand adults. Without a will, your assets are distributed according to the Administration Act 1969, which may not reflect your wishes.

A will allows you to:

Choose who receives your assets
Appoint guardians for minor children
Name an executor you trust
Potentially reduce family disputes

Even if you have few assets now, circumstances change. Marriage, children, property purchases, and inheritances all make a will essential.

What happens if I die without a will in New Zealand?

If you die without a will (intestate) in New Zealand, your estate is distributed according to the Administration Act 1969 formula:

Spouse/partner, no children	Spouse inherits everything
Spouse/partner + children	Spouse gets chattels + $155,000 + 1/3 of remainder; children share 2/3
Children only (no spouse)	Children inherit equally
No spouse or children	Parents, then siblings, then extended family

De facto partners of 3+ years are treated the same as married spouses under this formula.

How much does a will cost in New Zealand?

Will costs in NZ vary by complexity:

Simple will (lawyer)	$300-600
Complex will	$800-2,000
Mirror wills (couple)	$500-900 for both
Public Trust basic will	From $350
DIY will kit	$30-100 (higher risk)
Enduring Power of Attorney	$200-400 each

While lawyer-drafted wills cost more upfront, they prevent costly disputes and ensure your wishes are legally enforceable. Read our complete guide to wills lawyer costs.

Can I write my own will in New Zealand?

Yes, you can legally write your own will in New Zealand. Under the Wills Act 2007, a valid will requires:

You must be 18+ years old
The will must be in writing
Signed by you at the end
Witnessed by two people present together who then sign
Witnesses cannot be beneficiaries or their spouses

Caution: DIY wills carry risks. Unclear wording, invalid witnessing, and missing assets in trusts cause disputes. For anything beyond basic assets to one or two beneficiaries, professional drafting is recommended. See our DIY will vs lawyer comparison.

Probate & Estate Administration

What is probate and when is it required in New Zealand?

Probate is a court order that confirms a will is valid and authorises the executor to administer the estate.

In New Zealand, probate is typically required when:

The estate includes real property (land/house)
Assets exceed $15,000-25,000 (banks set their own thresholds)
Shares need to be transferred
Institutions require it before releasing funds

The executor applies to the High Court with the original will, death certificate, and an inventory of assets. The court filing fee is approximately $208.

How long does probate take in New Zealand?

Straightforward probate applications take 4-8 weeks for court processing. However, the full estate administration typically takes 6-12 months.

Stage	Typical Timeframe
Gathering documents	2-4 weeks
Preparing application	1-2 weeks
Court processing	4-8 weeks
Collecting assets	2-3 months
Claims period	6 months from grant
Final distribution	2-4 weeks

Complex estates with property sales, business interests, or disputes can take 1-2 years or longer.

What assets don't go through probate in New Zealand?

Several assets pass outside your will and probate:

Jointly owned property: Passes automatically to the surviving owner
Assets in family trusts: Controlled by the trust deed
KiwiSaver: Has its own nomination process
Life insurance: With named beneficiaries
Superannuation death benefits: Determined by scheme rules
Joint bank accounts: Often pass to surviving holder

Many people assume their will controls everything, but much of their wealth may pass through other mechanisms. Ensure beneficiary nominations are current and trust deeds reflect your wishes.

Executors & Their Duties

What is an executor and what do they do?

An executor is the person named in your will to administer your estate after death. Their responsibilities include:

Applying for probate
Locating and securing all assets
Paying debts, taxes, and funeral expenses
Distributing assets to beneficiaries according to the will
Keeping accurate records of all transactions

Executors have legal duties to act honestly, impartially, and in beneficiaries' best interests. You can name one or multiple executors, including professional trustees like Public Trust.

Choosing an executor: Select someone trustworthy, organised, and willing to act. Executors can claim reasonable expenses and may receive a commission (typically 1-5% of estate value).

Contesting Wills & Claims

What is a family protection claim in New Zealand?

A family protection claim allows certain family members to challenge a will if they believe they weren't adequately provided for.

Under the Family Protection Act 1955, eligible claimants include:

Spouse or partner
Children (including adult children)
Grandchildren (if their parent has died)
Parents (if the deceased had no spouse or children)

Claims must be filed within 12 months of probate. The court considers the claimant's needs, the deceased's reasons for their will, estate size, and other beneficiaries' needs. Even a well-drafted will can be varied if the court finds provision was inadequate.

Can I contest a will in New Zealand?

Yes, wills can be contested in NZ on several grounds:

Family Protection Act claims: Inadequate provision for family
Testamentary promises claims: If the deceased promised to reward you for services
Undue influence or lack of capacity: When the will was made
Procedural invalidity: Will not properly executed

Claims must generally be filed within 12 months of probate.

Be aware: Contesting a will is expensive ($10,000-50,000+) with no guarantee of success. Legal aid may be available if you qualify. Courts prefer out-of-court settlements, and many disputes resolve through mediation.

Enduring Powers of Attorney & Family Trusts

What is an enduring power of attorney (EPA)?

An Enduring Power of Attorney (EPA) is a legal document that appoints someone to make decisions for you if you lose mental capacity.

In NZ, there are two types:

EPA for Property: Covers financial and property decisions. Can operate immediately or only on incapacity.
EPA for Personal Care and Welfare: Covers health, living arrangements, and welfare decisions. Only operates when you lack capacity.

EPAs are essential estate planning documents. Without one, your family may need expensive court applications (up to $5,000) to manage your affairs. EPAs cost $200-400 each to prepare.

What is the difference between an EPA and ordinary power of attorney?

Feature	Ordinary POA	Enduring POA
Works while you have capacity	Yes	Yes (if immediate)
Works after you lose capacity	No - ends automatically	Yes - continues
Best use	Temporary situations	Long-term protection
Lawyer certification	Not required	Required

For incapacity planning, you need an EPA. Ordinary powers of attorney are useful for temporary situations (overseas travel, convenience) but don't protect you when you most need help.

What is a family trust and do I need one in New Zealand?

A family trust is a legal structure where trustees hold assets for beneficiaries' benefit.

In NZ, trusts were popular for asset protection, but 2019 law changes and bright-line property rules reduced some benefits. You may still need a trust if:

You have significant assets to protect
You're in a high-risk profession
You want to manage inheritance for vulnerable beneficiaries
You have blended family complexities

Costs: Setup $2,000-5,000, plus $500-1,500 annual compliance.

Many people no longer need trusts due to law changes. A lawyer can assess your specific situation and advise whether a trust is still beneficial for you.

Updating Your Will & Getting Legal Help

How do I update my will in New Zealand?

You can update your will by:

Making a new will: Automatically revokes previous wills (usually the better option)
Adding a codicil: A legal amendment requiring the same formalities as wills

Update your will after:

Marriage (which usually revokes existing wills)
Divorce or separation
Births or deaths
Significant asset changes
Moving countries
Every 3-5 years regardless

Important: Never cross out or write on your original will - this can invalidate it. Store your new will safely and tell your executor where to find it.

When should I see a wills and estates lawyer?

See a wills lawyer when:

You don't have a will
Your will is more than 5 years old
You've had major life changes (marriage, divorce, children, death of beneficiary)
You have a blended family
You own a business or have complex assets
You have assets overseas
You want to establish or review a trust
Someone is pressuring you about your will
You're concerned about potential claims
You've been named as executor

Initial consultations are often free or low-cost. A lawyer ensures your wishes are legally enforceable and can advise on minimising disputes and tax implications.

Wills & Estates FAQ NZ 2026: Your Questions Answered