General information only — not legal advice. This checklist covers the essentials of a basic New Zealand will. It is not a complete list, and a will must also be signed and witnessed correctly to be valid. If your circumstances are complex, get advice from a qualified New Zealand lawyer.
What a basic will should state
A well-made will should cover the following essentials:
- that it is your last will, and revokes all previous wills;
- how you want your estate distributed;
- who will be your executor or executors;
- who will be the legal guardians of your children under 18 if you and your partner are dead; and
- anything else that is important to you, such as instructions for your funeral.
1. It is your last will, and revokes earlier wills
A will should state clearly that it revokes all earlier wills and codicils. This removes any doubt that an older document is still floating around. Remember: only one valid will can be in effect at a time, and the latest one made correctly wins.
2. How your estate is distributed
The will should say who receives what. In a simple will this usually means:
- specific gifts — particular items or sums of money to named people or organisations;
- beneficiaries — the people or charities who receive the gifts; and
- the residue — who receives whatever is left after debts, expenses and specific gifts.
Describe people by their full names, and charities or organisations by their full legal names, so there is no doubt about who you meant.
3. Your executor or executors
Name the person (or people) who will administer your estate — collecting assets, paying debts, and distributing what remains. It is wise to name a backup executor in case your first choice is unable or unwilling to act. Ask them first.
4. Guardians for children under 18
If you have children under 18, the will should name who you want to be their legal guardians if both parents die. Name a backup guardian as well, and ask both people before naming them. Without this, the court decides who cares for your children.
5. Anything else that matters to you
A will can also record things that are personal to you, such as:
- funeral, tangi or memorial wishes;
- who should receive particular belongings with sentimental value;
- wishes about organ donation or body donation, where relevant;
- what should happen to digital accounts and photos; and
- care instructions for pets (together with a caregiver and care fund).
Before you start
Gather the information you will need:
- a list of your significant assets and how they are owned;
- the full names of the people you want to benefit;
- the full legal names of any charities or organisations;
- your chosen executor, and a backup;
- guardians for children, and backups; and
- your wishes about your funeral and any specific gifts.
After you sign
A signed will is only useful if it can be found and acted on:
- store the signed original somewhere safe;
- tell your executor exactly where it is;
- keep a copy somewhere separate; and
- review the will whenever your circumstances change.
When the checklist is not enough
A basic will suits straightforward circumstances. Get legal advice if your situation involves a trust or business, overseas assets, Māori land, a blended family, an intention to exclude someone, relationship property issues, or any concern about capacity or pressure.
The bottom line
A basic will comes down to five things: revoke the old wills, say who gets what, name your executor, name guardians for children, and record what else matters to you. Get those right, sign and witness the document correctly, and store it where your executor can find it — and you have done the essential job.