Why you should write a Will when you have a new partner

Why a new partner changes your planning

A new relationship changes your life — and it should change your will. Your existing will was probably written before this partner existed, so it cannot reflect what you now want for them, for your children, or for the property and plans you are building together. A new partner also brings legal rights into the picture that your will needs to take account of, whether you marry or not.

The key difference from marriage

Marriage and civil union automatically revoke an earlier will under the Wills Act 2007. De facto relationships do not. If you move in with a new partner and do nothing, your old will simply stays in force — which means a former partner, an old choice of executor, or arrangements from a previous life can still control what happens to your estate.

That is why a new de facto relationship makes a new will essential: the law will not update it for you.

Why write a will when you have a new partner

A fresh will lets you:

• provide for your new partner — including if you have not been together long enough for them to have automatic property rights;
• protect children from earlier relationships, and balance their interests with your partner’s;
• decide what happens to your home and other assets, rather than leaving it to legal default rules;
• choose an executor who makes sense in your new life;
• record guardianship wishes if children are involved; and
• reduce the risk of disputes between your partner and your wider family after you die.

What to think about

When planning your will with a new partner, consider:

• de facto rights — under the Property (Relationships) Act 1976, a partner in a qualifying relationship (generally three years or more, or shorter with a child) has rights to relationship property on separation or death;
• how long you have been together, and what that means for your partner’s rights;
• how your home and other assets are owned — jointly held property passes differently from property in your own name;
• children and stepchildren from earlier relationships, and what they would expect or be entitled to claim;
• whether your partner should also be your executor, or whether separate roles work better; and
• any agreements you have made (or should make) about property.

Common mistakes

People often assume things that are not true:

• “my partner will automatically inherit” — not necessarily, especially early in a de facto relationship;
• “moving in together changes my will” — it does not;
• “my old will is fine until we decide to marry” — it can be years out of date in the meantime;
• “my children and my partner will work it out” — without a will, they may end up in dispute; and
• “we own the house jointly, so everything is sorted” — other assets still need a will.

Practical steps

When a new relationship becomes significant:

• make a new will that reflects your current wishes;
• talk openly with your partner about your plans, and about provision for children from earlier relationships;
• review how your assets are owned, and consider a property agreement if that is sensible;
• update beneficiary nominations on insurance, KiwiSaver and superannuation;
• name your executor and backups; and
• review the will again at milestones — including when your relationship passes the point where your partner gains property rights.

The bottom line

A new partner is one of the clearest moments to write a new will — and because de facto relationships do not change a will automatically, it is also one of the easiest to overlook. Make the time to plan together: it protects the person you love, the children you both care about, and the life you are building. Our guide on legal issues and guide on relationships and wills cover the surrounding rules.