General information only — not legal advice. This guide explains wills in general terms under New Zealand law. The rules around wills can be affected by your personal, family and financial circumstances, and a will only becomes legally effective once it is made and signed correctly. If you are unsure, get advice from a qualified New Zealand wills and estates lawyer.
What a will is
A will is a legal document that records what you want to happen to your property and possessions after you die. It lets you name the people who will receive your estate, choose who will carry out your wishes, and record decisions such as guardianship wishes for children or preferences for your funeral and tangi.
A will has no effect while you are alive. You can change it or make a new one at any time, provided you still have the capacity to do so.
What a will can do
A will lets you:
- choose your executor — the person who will manage your estate and carry out your wishes;
- decide who receives your property, money and personal possessions;
- make specific gifts to family, friends or charities;
- record guardianship wishes for children under 18;
- leave instructions about your funeral, tangi or memorial wishes; and
- name backups in case your first choices are unable to act.
It is also a clear record for the people you leave behind — a will removes much of the guesswork about what you would have wanted.
What a will cannot do
A will does not control everything. Some assets pass outside your will, including:
- jointly owned property, which may pass automatically to the surviving owner;
- trust property, which is dealt with under the trust’s own rules;
- life insurance or superannuation with a nominated beneficiary, where the nomination is binding; and
- certain relationship property, which may be dealt with separately under the Property (Relationships) Act 1976.
A will also cannot prevent valid claims against your estate — for example, a spouse, partner or child may still be able to bring a claim under the Family Protection Act 1955. Understanding what your will can and cannot do is part of planning properly.
When a will takes effect
A will takes effect only when you die. While you are alive it can be changed, replaced or revoked. A new will made correctly generally revokes an earlier one, which is why it is important to review your will whenever your life changes.
Relationship changes can affect a will. Under the Wills Act 2007, marriage or civil union generally revokes an earlier will unless it was made in contemplation of that event and says so. The end of a marriage or civil union can also affect who inherits. If your relationship status has changed, check your will and get advice.
What makes a will valid
For a will to be valid in New Zealand, it must meet the requirements of the Wills Act 2007:
- the will-maker must be 18 or over (with limited exceptions);
- the will-maker must have testamentary capacity — understanding what they are doing;
- the will must be in writing;
- the will-maker must sign the will (or direct another person to sign it in their presence); and
- at least two witnesses must be present together when the will-maker signs, and each witness must sign in the will-maker’s presence.
A gift to a witness — or to their spouse, partner or civil union partner — may be affected. You do not need a lawyer to make a will, but a will that is not signed and witnessed correctly may not be valid at all, so it pays to follow the rules carefully.
What happens without a will
If you die without a valid will, your estate is distributed under the intestacy rules in the Administration Act 1969 — a fixed formula that may not match your wishes. Our guide on whether you need a will explains these rules in more detail.
Keeping your will up to date
Review your will after significant changes, such as:
- marriage, civil union, separation or divorce;
- the birth or adoption of children, or new stepchildren;
- a partner’s death;
- buying or selling a home, or significant changes to your assets;
- starting or selling a business;
- moving overseas; or
- changes to the people you want to benefit.
If you want to change a will, make a new one that meets the signing rules. Writing on a signed will or attaching notes can create confusion and may be ineffective.
Where to keep your will
Keep the signed original somewhere safe and tell your executor where it is. Your executor will need the original — usually to apply for probate — so it helps to keep it somewhere findable, and to let someone you trust know where that is.
The bottom line
A will is simply a written record of your wishes that takes effect when you die. It gives you choice, clarity and control, and it saves the people you leave behind from guesswork. Made properly — signed and witnessed correctly, and kept up to date — it is one of the most important documents you will ever sign.