Should I have a will?

The short answer

For most New Zealand adults, the answer is yes. A will is the document that records who you want to manage your estate and receive your property and possessions when you die. If you own assets, have children or dependants, or simply have strong views about who should receive what, a will is the clearest way to make those wishes known. It also makes things simpler and less stressful for the people you leave behind.

What a will does

A will lets you:

• choose your executor — the person who looks after your estate and carries out your wishes;
• decide who receives your property, money and personal possessions (your beneficiaries);
• make specific gifts to family, friends or charities;
• record guardianship wishes for any children under 18;
• leave instructions about your funeral, tangi or memorial wishes; and
• name backup people in case your first choices are unable to act.

Without a will, most of that choice is lost, and your estate is distributed according to fixed legal rules instead of your wishes.

What happens if you die without a will

If you die without a valid will in New Zealand, you die “intestate” and your estate is distributed under the Administration Act 1969. The rules set out who inherits and in what order:

• if you have a spouse or partner and children, your partner receives your personal effects and a fixed share of the estate, with the children sharing the rest;
• if you have a spouse or partner but no children, your partner generally receives the full estate;
• if you have children but no spouse or partner, your children share the estate;
• if you have no partner, children or close family, more distant relatives may inherit; and
• if no relatives can be found, the estate may pass to the Crown.

These rules are a blunt tool. They do not take account of your wishes, your family’s actual needs, or relationships you want to recognise. Someone still has to apply to administer your estate, and the process can take longer and cost more when there is no will — which is often the hardest part for the people left behind.

Who can make a will in New Zealand

Generally, anyone aged 18 or over can make a will. There are limited exceptions for some people under 18 in particular circumstances, but the standard rule is 18 or over.

You also need to:

• understand what a will is and the effect of making one;
• know broadly what you own and who might reasonably expect to benefit; and
• make the will freely and voluntarily.

If there are concerns about mental capacity, pressure or undue influence, stop and get legal advice. A will made under pressure, or by someone who does not understand what they are doing, may not be valid.

When a will matters most

A will becomes especially important if you:

• have children or dependants, including guardianship wishes;
• are in a de facto relationship — a will makes your intentions clear and helps protect your partner’s position;
• own a home or other significant property;
• want to give specific items with personal or family meaning to particular people;
• want to support a charity or organisation;
• are in a blended family or have stepchildren;
• have relationship property agreements or concerns;
• want to exclude someone who might otherwise inherit — a situation where legal advice is strongly recommended; or
• have Māori land or succession interests, where the rules can differ and specialist advice is important.

When the answer is less clear-cut

If you are young, own little, and have no partner, children or dependants, a will may matter less — but it can still save your family time and stress, and your wishes might surprise the people closest to you. Creating a simple will early is often easier than making one under pressure later.

If your situation is complex — a family trust, business ownership, overseas property or assets, substantial wealth, or complicated family relationships — a simple will may not be enough. That is not a reason to avoid planning; it is a reason to get tailored advice.

Making it valid

Writing the document is only part of the job. Under the Wills Act 2007, a will must be in writing, signed by the will-maker, and signed by at least two witnesses who are both present together in the will-maker’s presence. A gift to a witness — or to their spouse, partner or civil union partner — may be affected. If the signing rules are not followed correctly, the will may not be valid at all. Our FAQ covers signing and witnessing in more detail.

When to get legal advice

See a qualified New Zealand wills and estates lawyer before signing if your circumstances include:

• family trusts or significant business interests;
• overseas property or substantial overseas connections;
• relationship property issues or agreements;
• the intended exclusion of a spouse, partner or child;
• blended or otherwise complex family structures;
• Māori land or succession interests;
• concerns about capacity, pressure or undue influence; or
• significant lifetime promises about inheritance.

The bottom line

For most New Zealanders, the answer is yes — a will is worth having. It is one of those documents that becomes more important the longer it is left. A simple will is free to create here, and the signing steps are set out clearly so you can complete it correctly. If you want to understand the process before you begin, see how it works or browse the FAQ.