Guide · 11 min read

Making a will in New Zealand — DIY vs lawyer-drafted

New Zealand wills are governed by the Wills Act 2007. A valid will must meet section 11 formal requirements — but a formally-valid will can still produce expensive litigation if it does not deal cleanly with the family home, KiwiSaver, life insurance, and Family Protection Act 1955 claims. This guide walks through the formal requirements, when DIY is realistic, when a lawyer adds value, and the executor and probate process.

Information only — not legal advice for your specific situation. For advice on your matter, engage an NZ Law Society-registered lawyer. Verify any lawyer\'s current practising certificate at registry.lawsociety.org.nz.

The Wills Act 2007 — what makes a will valid

A will in New Zealand is governed by the Wills Act 2007. Section 11 sets out the formal requirements: the will must be in writing, must be signed by the will-maker (the testator), the signature must be made or acknowledged in the presence of two witnesses, and the two witnesses must each sign in the presence of the testator (but not necessarily in the presence of each other). Witnesses cannot be beneficiaries — section 13 voids any gift to a witness or their spouse / civil-union partner / de facto partner. The testator must be 18 years or older (section 9), with limited exceptions for those who are married or in a civil union below 18. A will that does not comply with section 11 can still be validated by the Court under section 14 if the Court is satisfied the document expresses the deceased's testamentary intention — but section 14 applications are not automatic and require Court time and lawyer fees.

When DIY is realistic

A simple will can be made without a lawyer when (a) the testator has a small estate of straightforward assets (no business, no trust, no overseas property), (b) the testator wishes to leave everything to a spouse / civil-union / de facto partner or to children equally, (c) there is no risk of a Family Protection Act 1955 claim from a relative the testator does not wish to provide for, and (d) the testator can satisfy the section 11 formal requirements (in writing, signed, witnessed by two non-beneficiary witnesses). The Public Trust offers a free will-drafting service that produces a basic will provided the Public Trust is appointed as executor — book at publictrust.co.nz. The New Zealand Law Society also publishes guidance on basic will requirements at lawsociety.org.nz. A DIY will that complies with section 11 is just as legally valid as a lawyer-drafted one; the difference is whether it deals well with edge cases.

When a lawyer adds value — Family Protection Act, KiwiSaver, trusts

A lawyer becomes valuable when the estate involves complexity beyond a simple "everything to spouse and children" instruction. The most common scenarios: (1) Family Protection Act 1955 risk — section 4 of the FPA allows certain relatives (spouse, civil-union or de facto partner, children, grandchildren, parents in certain circumstances) to apply to the Court for further provision if the will does not adequately provide for them. A FPA claim against an estate typically settles for NZ$50,000–NZ$300,000+ depending on the estate size and the claimant's circumstances. A lawyer can advise on whether the planned distribution exposes the estate to a FPA claim and how to mitigate (e.g. by gifting during life, by a letter of wishes explaining the rationale, or by careful drafting). (2) KiwiSaver and life insurance — these are not part of the estate unless the nominated beneficiary is the estate. KiwiSaver beneficiary nominations override the will; many people forget to update them after divorce or new relationships. (3) Family home held by a trust — the home is held by trustees, not the deceased, so it does not pass under the will. (4) Blended families — providing for a current partner and for children of a previous relationship requires careful drafting (often a life interest in the home with the remainder to the children). (5) Business interests — succession planning for a company or partnership requires lawyer and accountant input. (6) International assets — overseas property may require a separate will under the law of that jurisdiction.

Section 21 contracting-out (PRA) versus the will

Section 61 of the Property (Relationships) Act 1976 gives a surviving spouse / civil-union or qualifying de facto partner an election on the death of their partner: they can either take what the will gives them, or they can elect to apply the PRA equal-sharing rules to the relationship property (Option B). Election B can produce a different (often larger) outcome than the will if the will gave the survivor less than half of relationship property. A common drafting move is to leave the survivor exactly what they would get under the PRA — so no election is needed — and direct the rest of the estate to children. A section 21 contracting-out agreement signed during the relationship can vary what the survivor is entitled to elect — but cannot eliminate the election entirely. The interaction between PRA election, FPA claims, and the will is the most common source of post-death litigation in New Zealand estates.

Executors — who should you appoint?

The executor is the person (or trust corporation) who administers the estate after death: locates the assets, applies for probate, pays the debts and tax, distributes the assets in accordance with the will, and accounts to the beneficiaries. An executor has fiduciary duties under the Trusts Act 2019 (which applies to estate administration where the executor holds estate assets for beneficiaries). Common choices: (a) The surviving spouse / partner — works for a small straightforward estate where the survivor is a beneficiary and there are no disputes. (b) An adult child — works similarly but can create conflict between siblings if they are also beneficiaries. (c) A friend or relative who is not a beneficiary — neutral but may lack experience. (d) A lawyer — paid for the work but professionally accountable. (e) A trust corporation (Public Trust, Perpetual Guardian, Trustees Executors) — typically charges 4–5% of the estate value plus disbursements. The executor can be paid for their time only if the will authorises it or all beneficiaries consent; "lay" executors usually act for nothing other than reimbursement of expenses.

Probate — what happens after death

Probate is the High Court order confirming the executor's authority to administer the estate. An executor applies for probate via the High Court probate registry, typically through a lawyer for a fee in the range of NZ$1,500–NZ$4,000 depending on estate complexity. Probate is required before banks, KiwiSaver providers, and Land Registry can release or transfer estate assets — for estates under approximately NZ$15,000, banks may release funds on production of the death certificate without probate. The probate process typically takes 2–6 weeks for a straightforward estate; contested estates take far longer. Once probate is granted, the executor: notifies known creditors, pays the deceased's debts and final tax return, sells or transfers assets in accordance with the will, and distributes the proceeds to beneficiaries. There is no inheritance tax in New Zealand — beneficiaries receive their share without tax — but the estate is liable for the deceased's final income tax.

Updating your will — life events that should trigger a review

A will should be reviewed and (if needed) updated after any major life event: (1) Marriage / civil union — under section 18 of the Wills Act 2007, marriage or civil union automatically revokes any prior will (unless the will was made in contemplation of that marriage and so states). A will made before a wedding becomes invalid on the wedding day — the testator needs to make a new will. (2) Divorce / dissolution — does not automatically revoke the will, but under section 19 the former spouse is treated as having predeceased the testator for all purposes under the will (gifts to them lapse; appointment of them as executor lapses). (3) Birth / adoption of children — typically warrants updating beneficiary clauses and considering guardianship of minors (separately, in a parenting order or Care of Children Act 2004 application). (4) Death of a beneficiary or executor — the will needs to nominate an alternative. (5) Significant change in assets — sale of a major asset, inheritance, business sale, change in KiwiSaver / life insurance value.

Costs — DIY, Public Trust, and lawyer-drafted

DIY: Free if the testator drafts the will themselves and uses friends as witnesses; some online templates cost NZ$50–NZ$150 but offer little advantage over a free Public Trust will for simple cases. Public Trust: Free if the Public Trust is appointed as executor (the Public Trust then charges its fees on administration). Lawyer-drafted: A simple will from a NZ lawyer typically costs NZ$300–NZ$800 for a single testator or NZ$500–NZ$1,200 for a couple's mirror wills. Complex wills involving trusts, blended families, business interests, or international assets can cost NZ$2,000–NZ$5,000+. Trust corporation drafted: Typically NZ$300–NZ$600 with the trust corporation appointed as executor — the corporation's administration fees on death are usually 4–5% of the estate value plus disbursements. For the cost of a lawyer-drafted will (typically <0.5% of an average estate), the lawyer's advice on FPA risk, KiwiSaver nomination, and the PRA election interaction is often the most cost-effective protection against post-death litigation.

Frequently asked questions

Is a DIY will legally valid in New Zealand?

Yes — if it complies with the formal requirements of section 11 of the Wills Act 2007. The will must be in writing, signed by the testator, the signature must be made or acknowledged in the presence of two witnesses, and each witness must sign in the testator's presence. Witnesses cannot be beneficiaries (section 13 voids any gift to a witness or their spouse / civil-union / de facto partner). A formally-compliant DIY will has the same legal effect as a lawyer-drafted one. The risk with DIY is not validity but how the will handles edge cases — Family Protection Act 1955 claims, KiwiSaver, blended families, and trust-held property are where DIY wills commonly produce expensive litigation after death.

Does marriage revoke a will?

Yes. Under section 18 of the Wills Act 2007, marriage or civil union automatically revokes any prior will, unless the will was made in contemplation of that marriage and so states. A will made before a wedding becomes invalid on the wedding day — the testator needs to make a new will after marrying. Divorce / dissolution does not automatically revoke a will, but under section 19 the former spouse is treated as having predeceased the testator for all purposes under the will (any gifts to them lapse and any appointment of them as executor lapses). The remainder of the will stays in effect.

What is a Family Protection Act claim?

The Family Protection Act 1955 allows certain relatives — spouse, civil-union or de facto partner, children, grandchildren, and parents in some circumstances — to apply to the Court for further provision out of the estate if the will does not adequately provide for them. The Court considers the deceased's moral duty to provide for the claimant based on their relationship and need. FPA claims must be filed within 12 months of probate being granted (extendable in narrow circumstances). FPA settlements typically range from NZ$50,000 to NZ$300,000+ depending on estate size and claimant circumstances. A lawyer-drafted will can include a letter of wishes explaining the rationale for distribution — this is admissible in FPA proceedings and can reduce successful claims.

Is KiwiSaver part of my estate?

KiwiSaver funds are not part of your estate unless your nominated beneficiary is the estate itself. Each KiwiSaver provider holds a nominated-beneficiary form — on death, the provider pays the funds to the named beneficiary directly, bypassing the will. The same applies to life insurance with a nominated beneficiary. This means a will gifting "everything to my children" does not automatically include KiwiSaver if the KiwiSaver beneficiary is the testator's ex-spouse from a nomination made years earlier. Update your KiwiSaver and life-insurance beneficiary nominations whenever you update your will — and especially after divorce, new relationships, or birth of children.

Do I need probate?

Probate is the High Court order confirming the executor's authority to administer the estate. It is required before banks, KiwiSaver providers, and Land Registry can release or transfer estate assets — for estates under approximately NZ$15,000, banks may release funds on the death certificate alone without probate. Lawyer fees for a probate application typically run NZ$1,500–NZ$4,000 depending on complexity. The probate process takes 2–6 weeks for a straightforward uncontested application; contested estates take far longer. There is no inheritance tax in New Zealand — beneficiaries receive their share without tax, though the estate pays the deceased's final income tax return.

How much does a lawyer-drafted will cost?

A simple will from a NZ lawyer typically costs NZ$300–NZ$800 for a single testator or NZ$500–NZ$1,200 for a couple's mirror wills. Complex wills involving trusts, blended families, business interests, or international assets can cost NZ$2,000–NZ$5,000+. Public Trust offers a free will-drafting service provided Public Trust is appointed as executor (administration fees apply on death). Trust corporations like Perpetual Guardian and Trustees Executors typically charge NZ$300–NZ$600 with corporation-as-executor and administration fees of 4–5% on death. For the cost of a lawyer-drafted will, the lawyer's advice on Family Protection Act risk, KiwiSaver nomination, and the PRA election interaction is usually the most cost-effective protection against post-death litigation.

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