General information only — not legal advice. The law about wills and relationships is detailed and fact-specific, and it differs depending on whether you were married, in a civil union, or in a de facto relationship. If you are separating or have recently separated, get advice from a qualified New Zealand lawyer about your will, your property and your obligations.
Why a breakup should mean a new will
A will made during a relationship almost always reflects that relationship — who you expect to inherit, who you want as your executor, and how you think about your property. When the relationship ends, those assumptions can become dangerously out of date. Without a new will, your estate may still be distributed according to decisions you made years earlier, in a different life.
What the law does — and does not — do
New Zealand law deals with some relationship changes automatically, but not all of them:
- marriage or civil union generally revokes an earlier will, unless it was made in contemplation of that marriage or civil union;
- the dissolution of a marriage or civil union generally means the will takes effect as if the former spouse or partner had died before you — so they usually do not inherit;
- a de facto relationship ending is different: the law does not automatically change your will, and a former de facto partner you named in your will can still inherit unless you change it; and
- dying without a will at all can leave a former partner or their family entitled to property you would never have intended them to receive.
In short: you cannot rely on the law to fix your will for you. The automatic rules are limited, and they do not take account of your actual wishes.
What can go wrong if you don’t update
Without a fresh will, common problems include:
- a former de facto partner inheriting under an old will, even after years apart;
- your children or a new partner receiving less than you intended, or nothing at all;
- an old executor — who may be your former partner or their family — controlling your estate;
- relationship property being distributed in ways that do not match what you agreed when you separated; and
- disputes and stress for the people you actually care about.
A new will gives you back control
After a relationship ends, a new will lets you:
- name the people you want to benefit — children, family, a new partner, or charities;
- choose an executor you trust in your new circumstances;
- record guardianship wishes for children if that is relevant; and
- make your intentions clear about property, so there is less room for argument later.
Relationship property still needs attention
A will controls your share of your estate, but it does not settle relationship property. Under the Property (Relationships) Act 1976, a qualifying partner generally has rights to a half-share of relationship property on separation or death. If you separate without sorting out property — through an agreement, a settlement or the court — those rights can continue to affect your estate after you die. Sorting out property arrangements and making a new will often go hand in hand.
Other things to update at the same time
A breakup is a good moment to review everything that names people, not just your will:
- life insurance and superannuation beneficiary nominations;
- who holds powers of attorney for your health and finances;
- joint accounts, joint property and their ownership arrangements;
- enduring guardianship appointments; and
- who should know where your will and other important documents are kept.
When to get legal advice
See a lawyer before relying on a new will if the separation involves any of the following:
- a house or other significant relationship property;
- children, including arrangements for their care and guardianship;
- a business, trust or complex assets;
- a property or separation agreement;
- a former partner who may have claims against your estate; or
- a relationship of three years or more where property rights have not been settled.
The bottom line
Ending a relationship is one of the clearest moments when an old will becomes a risk. The law covers some situations automatically, but it cannot know your wishes — and in de facto relationships it does nothing at all. Make a new will, sort out your property arrangements, and review the people named across your accounts and documents. It is one of the most important things you can do for the people you will leave behind.