General information only — not legal advice. This guide describes, in general terms, who is likely to benefit from having a will and who should consider professional help. Everyone’s situation is different. If you are unsure whether you need a will — or what kind — get advice from a qualified New Zealand lawyer.
The short answer
Almost every adult should have a will. If you own anything, have people who matter to you, or have any views at all about what should happen after you die, a will is the document that records those choices. The people who genuinely do not need one are few — and even they often find a simple will is still worth having.
Who definitely should write a will
A will is especially important if you:
- own a home, property, savings, shares or other assets;
- are married, in a civil union, or in a de facto relationship;
- have children or dependants, including guardianship wishes;
- are in a blended family or have stepchildren;
- run a business or own shares in a company;
- want specific people or charities to receive particular belongings;
- have strong wishes about your funeral, tangi or memorial; or
- want to avoid your family being left with difficult decisions and disputes.
People who think they don’t need one
Common reasons people put it off — and why a will still helps:
- “I don’t own much” — almost everyone owns something, even if it is sentimental items or a vehicle, and a will decides who gets them;
- “My partner will get everything anyway” — that is not automatically true, especially for de facto relationships or when children are involved;
- “I have no family” — friends, charities and causes you care about can only receive your gifts if you say so;
- “I’m too young” — nobody plans to die young, and a simple will made early is far easier than one made under pressure later; and
- “It’s too expensive” — a simple will can be created for free, which is exactly what FreeWills is for.
Who should get professional help
A simple will suits straightforward circumstances. See a lawyer instead if your situation involves any of the following:
- a family trust, business or substantial assets;
- overseas property or significant overseas connections;
- Māori land or succession interests;
- a blended family or stepchildren;
- an intention to exclude or reduce provision for a spouse, partner or child;
- relationship property agreements or disputes;
- concerns about capacity or pressure; or
- significant promises made to people for their services.
The question is not really whether you are allowed to write your own will — you are. It is whether your circumstances are simple enough that a well-made self-service will is the right tool, or complex enough that professional advice is worth the cost.
What happens without a will
If you die without a valid will, your estate is distributed under the intestacy rules rather than according to your wishes. The rules have a fixed order — partner and children first, then wider family — and they take no account of what you would have wanted. Our guide on whether you need a will explains the intestacy rules in more detail.
The bottom line
If you are an adult, you probably should have a will — and the simpler your circumstances, the more a free, guided will makes sense. If your life or assets are complicated, a will is still the right answer, but the right tool is a lawyer. Either way, having a valid will is better than leaving the decision to the law.