Many people assume making a will belongs to a particular stage of life.
It is something to consider after retirement, once the mortgage is paid, or when the children have grown up. A younger adult may think they do not own enough. Someone living with an illness may worry that a diagnosis prevents them from making legal decisions. A parent may wonder whether their teenage child can create a will after receiving an inheritance.
The legal answer to who can make a will in NZ begins with age, but it does not end there.
Most adults aged 18 or older can make a will. Some people under 18 can also make one in specific circumstances. Whatever the person’s age, they must have the required testamentary capacity, understand the nature and effect of the document, and make their decisions freely.
A physical disability, serious medical diagnosis, difficulty communicating, or advanced age does not automatically prevent someone from making a will.
The central question is whether the person understands the decision they are making at the time they make it.
The General Rule: Adults Aged 18 and Over
New Zealand law generally allows anyone aged 18 or older to make, change, revoke, or revive a will. citeturn852192search0
You do not need to:
- Own a home
- Be married
- Have children
- Hold a particular amount of money
- Be employed
- Have New Zealand-born parents
- Be retired
- Have a serious illness
- Use a professional will-writing service
The right to make a will is not reserved for people with large estates.
A 19-year-old apprentice with a bank account, vehicle, tools, and personal possessions can make one. So can a 40-year-old renter, an 85-year-old homeowner, a person running a business, or someone whose only valuable possession is a family heirloom.
The size of the estate may affect how detailed the will needs to be, but it does not determine whether the person is allowed to create one.
Why Young Adults May Need Wills
Consider a fictional 22-year-old named Aria.
Aria rents a flat and believes she has almost nothing to leave. When she lists her property, she realises that she has:
- Money in two accounts
- A vehicle
- Professional equipment
- A growing retirement savings balance
- A laptop containing original creative work
- Jewellery inherited from a grandparent
- Money owed to her by a friend
- Personal possessions with emotional value
Aria also wants her younger sister to receive the jewellery and her creative work to be managed by someone who understands it.
Without a will, those private wishes may not determine what happens. Her estate would instead be handled according to the legal rules applying when someone dies without a valid will.
Young adults may own less than older adults, but their property can still matter. Their family structures may also be less predictable, particularly where there are de facto relationships, half-siblings, stepfamilies, or close friends they would want to benefit.
Can Someone Under 18 Make a Will?
A person under 18 cannot ordinarily make a will simply because they want one.
However, New Zealand law recognises several exceptions.
A person under 18 may generally make, change, revoke, or revive a will if they are, or have previously been:
- Married
- In a civil union
- In a de facto relationship
A person under 18 may also make a will in contemplation of a particular marriage or civil union. In that situation, the will becomes effective once the contemplated marriage or civil union occurs. citeturn852192search0turn852192search4
Additional exceptions can apply to certain young people connected with military service or working at sea. Court approval may also be available in appropriate circumstances.
These exceptions are important because some younger people have significant responsibilities or property. A teenager may have received compensation, inherited assets, become a parent, entered a legally recognised relationship, or begun service in circumstances covered by legislation.
A person under 18 should obtain individual legal guidance rather than assuming they can use an ordinary adult will form.
Can the Court Authorise a Minor’s Will?
New Zealand law allows the court to authorise a person under 18 to make, change, revoke, or revive a will in suitable circumstances.
The court will not simply approve anything requested. It must be satisfied that the proposed document accurately reflects the young person’s intentions and that it is reasonable to make the order.
This may be relevant where a young person owns substantial property or has unusual family circumstances but does not fall within another statutory exception.
The process exists to protect the young person.
A parent cannot simply prepare a will for a child and sign it on the child’s behalf. Making a will is a personal legal act, and the young person’s intentions and understanding remain central.
Testamentary Capacity Is Essential
Reaching the required age does not automatically make every will valid.
The will-maker must also have testamentary capacity.
Broadly, this means the person should understand:
- That they are making a will
- That the will governs what happens to their estate after death
- The general nature and extent of the property they own
- The people who might reasonably expect consideration
- The effect of including or excluding particular beneficiaries
- How the proposed distribution works
The person does not need to remember the exact balance of every bank account or know the current market value of every possession.
They should, however, have a reasonable understanding of the overall estate. Someone who believes they own one modest bank account when they actually control several businesses and properties may not have an adequate grasp of the relevant property.
Capacity is assessed in relation to the particular decision and the time at which it is made.
Age Does Not Remove Capacity
An older person can make or update a valid will.
There is no upper age limit.
A 95-year-old may understand their estate and family clearly, while a much younger person may temporarily lack capacity because of illness, injury, medication, or another condition.
Older age alone should never be treated as proof that someone cannot make legal decisions.
This matters because assumptions about age can be both inaccurate and demeaning. A person may move more slowly, have hearing difficulty, need information repeated, or require assistance reading a document while still understanding every important decision.
The signing process should support genuine participation rather than rushing the person or speaking only to family members.
Does Dementia Automatically Prevent Someone Making a Will?
No.
A diagnosis of dementia or another cognitive condition does not automatically mean the person lacks testamentary capacity.
Some people retain the ability to understand their will decisions, particularly during the earlier stages of a condition. Capacity may also fluctuate, meaning the person is clearer at certain times than others.
The relevant issue is not the diagnostic label alone. It is whether the person understands the specific will and its effects when giving instructions and signing it.
Where capacity could later be questioned, careful safeguards may include:
- Meeting the will-maker privately
- Taking detailed notes of the instructions
- Asking the person to explain their wishes in their own words
- Confirming their understanding of assets and family
- Arranging the meeting at the person’s clearest time of day
- Obtaining an appropriate medical assessment
- Recording why significant changes are being made
A medical professional may provide valuable evidence, but the legal assessment of testamentary capacity involves more than simply recording a diagnosis.
Mental Illness Does Not Automatically Remove Will-Making Ability
A person living with depression, anxiety, bipolar disorder, schizophrenia, or another mental health condition may still have full testamentary capacity.
The existence of a condition does not answer whether the person understands the will-making decision.
Someone may experience serious symptoms in one area of life while remaining fully capable of understanding their property, relationships, and inheritance choices. Another person may temporarily be unable to make a reliable decision during an acute episode.
The assessment must be individual and respectful.
Questions may arise where a belief caused by illness directly affects the will. For example, a person might exclude a close relative because of a fixed false belief that the relative has committed acts that never occurred.
That does not mean every unusual or unequal will made by someone with a mental health diagnosis is invalid. The connection between the person’s condition and the testamentary decision must be considered carefully.
Physical Disability Does Not Prevent Someone Making a Will
A person does not need to be able to walk, hold a pen conventionally, speak clearly, see ordinary print, or hear without assistance to make a will.
Physical ability and decision-making capacity are different.
A person with paralysis, severe arthritis, visual impairment, speech difficulty, or another physical disability may fully understand the document.
Adjustments may include:
- Reading the will aloud
- Providing an accessible-format copy
- Allowing extra time
- Using suitable communication assistance
- Signing with a mark
- Directing another person to sign in the will-maker’s presence
- Recording the unusual signing circumstances carefully
Where another person signs at the will-maker’s direction, the process must comply with the legal requirements. The witnesses should be able to confirm that the will-maker understood and authorised the act.
The goal is to enable the person’s decision, not replace it.
Can Someone Who Cannot Read or Write Make a Will?
Yes, provided the person has testamentary capacity and the will is executed properly.
Someone who cannot read may have the document read aloud and explained. Someone who cannot write may use an appropriate mark or another legally recognised signing method.
Additional precautions are sensible because the executor may later need to show that the person knew and approved the contents.
The will should not simply be placed in front of the person with instructions to sign where indicated.
They should have a meaningful opportunity to understand:
- Who the executor is
- Who the beneficiaries are
- What property is being distributed
- Whether anyone is being excluded
- What trusts or conditions apply
- What happens if a beneficiary dies first
Accessibility should strengthen informed decision-making rather than reduce it.
The Will Must Be Voluntary
A legally capable person must also make the will freely.
A document produced through coercion, fraud, or undue influence may be challenged.
Pressure can be obvious, such as a threat to withdraw care unless the person changes the will. It can also be subtle.
Warning signs may include:
- A beneficiary arranging every appointment
- The will-maker being isolated from other relatives
- Someone answering all questions on the will-maker’s behalf
- A dependent person appearing frightened
- A sudden unexplained gift to the person controlling access
- A family member refusing to allow private discussion
- False information being used to turn the person against another relative
Helping someone create a will is not automatically improper. A family member may provide transport, gather documents, arrange communication support, or help book an appointment.
The problem begins when assistance takes control of the decision.
A Person Must Make Their Own Will
No one can simply make a will for another capable adult.
A spouse cannot decide how their partner’s estate should be divided. A child cannot prepare and approve a parent’s will. An attorney acting under an enduring power of attorney does not generally have authority to make or rewrite the donor’s will.
A will is personal to the will-maker.
Someone else may type the instructions, prepare the legal wording, or physically sign at the person’s direction in permitted circumstances. The decisions must still belong to the will-maker.
This is why independent instructions can be particularly valuable where a beneficiary is heavily involved in arranging the document.
Can a Person Under a Property Order Make a Will?
A person may have someone appointed to help manage their property because they lack capacity for certain financial decisions.
That does not automatically answer whether they can make a will.
Capacity is decision-specific. A person might be unable to manage complex investments or daily finances while still understanding the simpler, personal question of who should inherit their estate.
In some circumstances, a court can authorise a testamentary disposition for a person who lacks testamentary capacity. This is a specialised legal process requiring evidence and judicial approval.
A property manager, welfare guardian, relative, or attorney should never assume they can independently sign a will on the person’s behalf.
New Zealand Citizenship Is Not Required
A person does not necessarily need to be a New Zealand citizen to make a New Zealand will.
Residents, temporary visa holders, and people with property in New Zealand may have valid reasons to prepare one.
However, international estates require special care.
Questions may include:
- Where the person is legally domiciled
- Which country’s succession rules apply
- Whether another will already exists
- Whether the New Zealand will could revoke an overseas will
- How foreign property is owned
- Whether multiple probate processes will be required
- Whether overseas taxes or forced-inheritance rules apply
Someone with property in several countries should not use an unrestricted revocation clause without coordinated advice.
The issue is not whether they are permitted to make a will, but whether the document will operate correctly across jurisdictions.
Does Bankruptcy Prevent Someone Making a Will?
Bankruptcy does not necessarily prevent someone from making a will.
However, the will controls only property that forms part of the person’s estate at death. Bankruptcy and creditor rights may affect ownership and what assets remain available.
A person cannot use a will to defeat valid creditor claims.
Debts and estate expenses generally need to be addressed before beneficiaries receive the remaining estate. If the estate is insolvent, legal priority rules may determine how available property is applied.
A will can still appoint an executor and provide instructions for any property that is legally available.
Can Someone Make a Will From Hospital?
Yes, provided they have testamentary capacity and the document is completed voluntarily and correctly.
Hospital wills sometimes involve urgency, but speed must not replace care.
A patient may be affected by:
- Pain
- Sedation
- Medication
- Infection
- Delirium
- Fatigue
- Anxiety
- Breathing difficulty
- Communication barriers
These factors do not automatically establish incapacity, but they may affect the person’s ability to understand or communicate at a particular time.
Where possible, the will should be prepared when the patient is rested and medically stable. Private instructions, medical input, suitable witnesses, and detailed notes may be particularly important.
A rushed document created by a beneficiary at the bedside may attract greater scrutiny after death.
Can Someone Make a Will During a Terminal Illness?
Yes.
A terminal diagnosis does not remove will-making capacity.
Many people review their affairs after learning that an illness is life-limiting. They may want to update executors, provide for dependants, deal with personal possessions, or correct an outdated plan.
The person should not be pressured to complete a will simply because time may be limited.
They need enough opportunity to understand the document, ask questions, and express their own wishes.
Where the illness or treatment could affect cognition, medical evidence may help establish that the person was capable when the will was signed.
The earlier planning occurs, the less likely the family is to face an urgent and emotionally intense process.
Making a Will Is Only the First Legal Requirement
Being entitled to make a will does not mean any written document will automatically be valid.
The will must ordinarily be:
- In writing
- Intended to operate as a will
- Signed by the will-maker or someone authorised to sign at their direction and in their presence
- Witnessed by two people who are together during the signing or acknowledgement
- Signed by those witnesses in the will-maker’s presence
The witnesses should be independent.
A beneficiary, or the spouse or partner of a beneficiary, should not witness because the intended gift may be affected.
The will-maker should also ensure that the document distributes the residue, appoints a suitable executor, includes backup arrangements, and reflects the legal ownership of major assets.
Eligibility allows someone to make a will. Correct drafting and execution allow the will to work.
When Should Someone Make Their First Will?
The best time is usually when the person has property, relationships, responsibilities, or wishes that they would not want intestacy law to decide.
Common triggers include:
- Turning 18
- Starting full-time work
- Building retirement savings
- Entering a serious relationship
- Buying a home
- Having a child
- Receiving an inheritance
- Starting a business
- Acquiring valuable digital property
- Travelling extensively
- Supporting a family member
- Becoming separated
- Owning property overseas
A person does not need to wait until their life feels settled.
In fact, wills are designed for lives that may change. They can be updated as relationships, assets, and priorities develop.
The Right Question Is Not “Am I Wealthy Enough?”
Almost every adult aged 18 or older is legally capable of making a will, provided they have testamentary capacity and act freely. Some younger people can also make one under specific exceptions. citeturn852192search0turn852192search4
The more useful question is whether anyone would need instructions if you died.
Would someone need to manage your accounts? Would particular possessions matter to family members? Is there a friend, stepchild, partner, or community cause you would want to benefit? Do you have children who need guardian or inheritance arrangements?
A will is not proof of wealth or a prediction of death.
It is a record of responsibility.
The law determines who is allowed to make one. The will-maker determines whether the people left behind receive clarity or unanswered questions.
Frequently Asked Questions
1. What is the minimum age for making a will in New Zealand?
The general minimum age is 18. People under 18 can make wills in limited circumstances, including where they are or have been married, in a civil union, or in a de facto relationship.
2. Can a person under 18 make a will?
Yes, but only where a statutory exception applies or the court authorises the will. Young people should obtain personalised legal advice rather than relying on an ordinary adult template.
3. Is there a maximum age for making a will?
No. A person can make or update a will at any age, provided they have the required testamentary capacity and act voluntarily.
4. Can someone with dementia make a will?
Possibly. A diagnosis does not automatically remove testamentary capacity. The issue is whether the person understands the will and its effects at the relevant time. Medical and legal evidence may be advisable.
5. Can someone with a physical disability make a will?
Yes. Physical disability does not equal mental incapacity. Accessible communication, a mark, or a signature made by another person at the will-maker’s direction may be possible when the legal procedure is followed.
6. Can an attorney make a will for someone else?
An attorney under an enduring power of attorney does not ordinarily have authority to make or alter the donor’s will. A will is a personal legal act, although a court may have powers in specialised circumstances.
7. Can a non-citizen make a New Zealand will?
Yes, depending on their circumstances and connection to New Zealand property. People with assets or legal connections in several countries should obtain cross-border advice to avoid conflicting wills.
8. Can someone make a will while seriously ill?
Yes, provided they have testamentary capacity and act freely. Where illness or medication could affect understanding, careful independent instructions and appropriate medical evidence may help protect the will.
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