Making a Will in New Zealand
Everything you need to know about creating a legally valid will
Quick Answer: What Makes a Valid Will?
- Age: 18+ years old (or married)
- Format: Written and signed
- Witnesses: 2 witnesses who see you sign
- Cost: $300-800 for lawyer-drafted will
- Time: Can be done in 1-2 appointments
Legal Requirements for a Valid Will
| Requirement | Details |
|---|---|
| Age | Must be 18 years or older (or married/in civil union) |
| Mental Capacity | Must understand what you're doing and the consequences |
| Written Document | Must be in writing (typed or handwritten) |
| Signature | Must be signed by you at the end of the will |
| Witnesses | Two witnesses must see you sign and then sign themselves |
What to Include in Your Will
Personal Details
- ✓ Full legal name and address
- ✓ Date the will is made
- ✓ Statement revoking previous wills
Executors
- ✓ Name of executor(s) to manage your estate
- ✓ Backup executor if first choice can't act
- ✓ Professional executor if estate is complex
Beneficiaries
- ✓ Who receives what from your estate
- ✓ Specific gifts (items, money amounts)
- ✓ Residuary estate (everything else)
Guardians
- ✓ Guardian for minor children
- ✓ Backup guardian
- ✓ Any wishes for children's upbringing
Funeral Wishes
- ✓ Burial or cremation preference
- ✓ Any specific funeral arrangements
- ✓ Organ donation wishes
How Much Does a Will Cost?
DIY Will Kit
$30-80
Very simple estates, no property
Online Will Service
$100-200
Simple estates with guidance
Lawyer-Drafted Will
$300-800+
Most estates, recommended
Complex Estate Planning
$1,500-5,000+
Trusts, businesses, blended families
Recommendation: For most New Zealanders, a lawyer-drafted will ($300-800) provides the best balance of cost and peace of mind. DIY wills are risky and often lead to expensive disputes.
Common Will Mistakes to Avoid
Not updating after major life changes
Ex-spouse may still inherit, new children excluded
Witness is also a beneficiary
That beneficiary's gift becomes invalid
Unclear language
Disputes and legal challenges
Not considering relationship property
Can't give away partner's share of property
Forgetting digital assets
Online accounts, crypto may be inaccessible
When to Update Your Will
- • Marriage or civil union
- • Separation or divorce
- • Birth or adoption of children
- • Death of a beneficiary or executor
- • Significant change in assets
- • Moving to a new country
- • Change in family relationships
- • Every 3-5 years as a general review
Understanding Wills in New Zealand
What Happens If You Die Without a Will?
If you die without a valid will (called dying "intestate"), your estate is distributed according to the Administration Act 1969:
- Spouse/partner gets personal chattels plus a set amount
- Remaining estate divided between spouse and children
- If no spouse or children, estate goes to parents, then siblings
- The court appoints an administrator (not your choice)
Choosing an Executor
Your executor manages your estate after you die. Consider:
- Someone trustworthy and organized
- Someone likely to outlive you
- A professional (lawyer, trustee company) for complex estates
- Naming a backup executor is strongly recommended
The Family Protection Act
Even with a will, certain family members can challenge it under the Family Protection Act 1955 if they believe they haven't been adequately provided for. This includes:
- Spouses and de facto partners
- Children (including adult children)
- Grandchildren in some circumstances
- Parents (if they were dependent on you)
Ready to Make Your Will?
Connect with experienced wills and estates lawyers in your area.