FAQ

Straight answers, careful guidance

Questions about creating your free will

Find clear answers about cost, signing, witnesses and when to get legal advice. Free Wills NZ is 100% free to use.

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Frequently asked questions

What you need to know

Using Free Wills NZ

Is it really 100% free to create a will?

Yes. You can create your will with Free Wills NZ for $0. There are no platform fees, subscriptions or hidden payment prompts. Professional legal advice is separate and may involve a fee if you choose or need it.

Is FreeWills independent?

Yes. FreeWills is an independent online service — it is not a law firm, and it is not tied to a particular bank, insurer, or legal provider. You can prepare your will checklist and draft instructions for free without buying anything or being steered toward a specific product.

FreeWills provides general information and document-generation tools only. It does not give legal advice, and using the service does not create a lawyer-client relationship. For complex or high-value situations, it is still wise to get personalised advice from a New Zealand legal professional.

Does completing it online mean my will is finished?

Not by itself. After creating your document, read it carefully, print it, and follow the signing and witnessing instructions. A will must be executed correctly to meet New Zealand’s legal requirements.

Can I stop and come back later?

Use the account page to sign up or log in. Keep your login details secure and do not share them with anyone you do not trust.

Can I update my will later?

Yes. You can create a new version whenever you like, and your account lets you return to your saved work. Each deliberate generation creates a new version with its own document identifier and template version. A later valid will replaces an earlier one — so make sure each new version is printed, signed and witnessed correctly.

Does FreeWills store my signed will?

No. FreeWills does not receive, store or hold your signed original will. It creates your draft document and instructions; the signed original stays with you. FreeWills also does not verify that the document was printed, signed, witnessed or retained.

Can FreeWills notify my executor or partner?

Yes. If you provide an executor’s or partner’s email address, FreeWills automatically emails them after you deliberately complete the relevant will version, to let them know they have been named. The notice does not include the contents of your will. If you add an approved note about where your signed will is kept, that note can be included in the executor notice.

Does FreeWills save my answers securely?

Yes. If you are signed in, your stored will information is encrypted before it is stored, access is restricted, and questionnaire answers and generated contents are not logged in plain text.

Can I download my answers or delete my account?

Yes. Where available, you can export your account information — including questionnaire answers and generated-version records — and you can delete your account through the Service. Deleting removes your active saved data; encrypted backups may remain for up to 30 days, and unsaved drafts are deleted after 30 days.

What is OpenTimestamps and why does FreeWills use it?

FreeWills keeps an internal audit chain of important events — account created, draft saved, will version generated, notices sent. Every event gets a fingerprint linked to the one before it, so if anyone edits or deletes an old record, the chain breaks and the admin is alerted. That protects records inside our own systems.

OpenTimestamps makes that protection independent. Every day the app boils that day’s fingerprints down to a single small number and stamps it into the Bitcoin blockchain — a public ledger no single party controls. Think of it like mailing a sealed copy of the day’s summary to a public archive.

  • It cannot be backdated — the Bitcoin block has a fixed date.
  • It cannot be rewritten — changing any old record would change the daily number, so it would no longer match what is frozen in the blockchain.
  • It is private — only the aggregate number is stamped, never names, emails, will contents or document IDs.

Stamped means the day’s number has been submitted to the calendar and we hold the receipt, but it has not been included in a Bitcoin block yet. Verified means it has landed in a block, been checked against the blockchain, and the block height and time are recorded. A nightly job automatically re-checks pending proofs until they verify — usually within hours to a few days.

This matters for wills because a will can be relevant for decades, and disputes can surface years later — for example, a challenge over when a version actually existed. The Bitcoin-anchored daily root gives independent, permanent time evidence that a daily aggregate existed on or before a specific date, provable by anyone, forever.

No law requires it, and no personal information is ever included. It costs nothing, runs automatically, and gives independent time evidence that the timeline cannot be quietly rewritten — even by someone with full access to our servers.

Can an executor verify that my will is genuine?

Yes. Every generated will version includes a verification check. Anyone holding a printed copy — an executor, family member, or professional — can compare the document in their hand against the anchored record to confirm it is genuine, unchanged, and dated.

Each day the app creates a single fingerprint of that day’s activity and stamps it into the Bitcoin blockchain through OpenTimestamps. Because that record is independent and permanent, the verification check can show:

  • The document matches what was generated — if any part of the record had been changed, the fingerprints would no longer line up.
  • When the version existed — the anchored daily record carries a fixed date that cannot be backdated.
  • That the timeline has not been rewritten — even someone with full access to the servers cannot alter what is frozen in the blockchain.

The check uses only the aggregate daily fingerprint, so no names, emails, will contents or document IDs are exposed. It is designed to still work years later — for example, when probate is contested and someone asks whether a version actually existed at a particular time.

Signing and witnesses

What makes a will valid in New Zealand?

The Wills Act 2007 says a will must be in writing and signed and witnessed as required. The will-maker must sign, or direct another person to sign on their behalf in their presence. At least two witnesses must be together in the will-maker’s presence when the signature is made or acknowledged, and each witness must sign in the will-maker’s presence.

Who can make a will?

Generally, a person aged 18 or over can make a will. There are exceptions for some people under 18, including certain circumstances involving marriage, civil union, military service or court approval.

Can my executor witness my will?

The Wills Act allows an executor to act as a witness. Even so, using two independent adult witnesses who are not receiving anything under the will is usually the clearest approach.

Can a beneficiary witness my will?

Use independent witnesses. A gift to a witness, or to the witness’s spouse, civil union partner or de facto partner, can be void unless a legal exception applies.

Do witnesses need to be present?

Yes. The Wills Act 2007 requires at least two witnesses to be present together, at the same time, when you sign your will.

Do witnesses need to be present when I sign?

Yes. Both witnesses must be present together when you sign, and each witness must then sign in your presence. A witness signing at a different time, or not in your presence, can make the will invalid.

Do witnesses need to read my will?

No. Witnesses do not need to read the will or know its contents. Their role is to confirm that you signed the document in their presence.

Can I sign my will electronically?

No. Print the will and sign it by hand, with two witnesses present together. Do not rely on an electronic signature or a document that exists only on a device — it may not be a valid will.

Can witnesses be family members?

Yes, family members can witness — as long as they are independent and are not beneficiaries (or the spouse, partner or civil union partner of a beneficiary). A gift to a witness can be void.

Do witnesses need to provide ID?

No. The law does not require witnesses to provide identification. It is sensible to record each witness’s full name and address with the will, because they may be asked later to confirm the signing.

Can I use the same witnesses for future versions?

Yes. There is no rule against using the same people — provided they are independent and are not beneficiaries. Every new version must still be signed and witnessed correctly, in a fresh signing.

Advice and next steps

What is a will?

A will is a legal document that records what happens to your property and possessions after you die. It lets you name who receives your estate, choose your executor, record guardianship wishes for children, and leave instructions such as funeral wishes. It only takes effect when you die, and it must be signed and witnessed correctly to be valid.

Are online wills legal in NZ?

Yes — an online will can be legally valid in New Zealand, because the Wills Act 2007 does not require a will to be drafted by a lawyer. The online service creates the draft; the will only becomes binding when you print it and sign it by hand in the physical presence of two independent witnesses who are present together and are not beneficiaries (or their spouse, partner or civil union partner).

Do I need a lawyer?

Not every straightforward will needs a lawyer. Get tailored advice if you have a blended family, trusts, overseas assets, a business, relationship property concerns, questions about capacity, or a likely dispute. A lawyer can also help whenever you are unsure whether the document reflects your intentions.

Where should I keep my signed will?

Keep the signed original in a secure place where it can be found when needed. Tell your executor where it is stored. Avoid leaving the only original somewhere nobody else knows about.

What happens if someone dies without a will?

They are said to have died intestate. New Zealand law determines who can administer the estate and how eligible property is distributed. This may not match what the person would have chosen.

Where can I check the legal information?

Read the Wills Act 2007, the New Zealand Government wills and estates guide, or Community Law’s guide to making a will.

How often should I update my will?

Review your will every two or three years, and update it after major life changes — marriage or civil union, separation or divorce, a new child or stepchild, a death, buying or selling a home, starting or selling a business, or a move overseas.

Should I give a copy of my will to my executors?

It helps to make sure your executor knows where the signed original is kept, and a copy can be useful for reference. But the signed original is what matters for probate, so keep it safe and make sure your executor can find it.

Do stepchildren automatically inherit?

Not automatically. Stepchildren are not generally included in the intestacy rules, so if you want a stepchild to benefit, name them in your will. In some circumstances a stepchild may be able to claim under the Family Protection Act, but that depends on the facts.

Does jointly owned property go into my will?

It depends on how the property is owned. Property held as joint tenants passes automatically to the surviving owner, outside your will. Property held as tenants in common means your share passes under your will. Check how your property is held.

Does marriage or civil union revoke a will?

Yes — under the Wills Act 2007, marriage or civil union revokes a will made before the marriage, unless the will was made in contemplation of that event and says so. Make a new will before or soon after marrying.

Do de facto partners have the same rights as spouses?

In many ways, yes — a qualifying de facto partner (generally three years or more, or shorter with a child) has similar property and inheritance rights under New Zealand law. But a de facto relationship does not revoke a will, so make sure your will reflects your wishes.

Can my will be challenged?

Yes — a will can be challenged on recognised grounds, such as inadequate provision for family, lack of capacity, undue influence, fraud, or incorrect signing and witnessing. Challenges must be based on legal grounds, and time limits apply.

Do I need probate?

Not always. Whether probate is needed depends on the assets and each organisation’s rules. Small estates, jointly owned property and assets with beneficiary nominations often do not need it. Check with the organisations involved.

What happens to my KiwiSaver when I die?

KiwiSaver is paid out according to the scheme’s rules — often to your estate, or to a person you have nominated if the scheme allows it. Check with your provider and keep your nomination details up to date; a will does not automatically control KiwiSaver payments.

What happens to my digital accounts (email, social media)?

A will does not automatically give anyone access to your online accounts. Most platforms have their own processes for deceased users or legacy contacts. Leave a note for your executor listing your accounts and your wishes — but never put passwords in your will.

Legal information

Where can I read the official NZ laws about wills?

The key legislation is on the New Zealand Legislation website: the Wills Act 2007, Administration Act 1969, Family Protection Act 1955, and Property (Relationships) Act 1976.

What is the Family Protection Act?

The Family Protection Act 1955 lets certain family members — such as a spouse, partner, child or dependant — claim against an estate if the will does not make adequate provision for their proper maintenance and support.

What is the Property (Relationships) Act?

The Property (Relationships) Act 1976 governs how relationship property is divided between partners when they separate or when one of them dies. Qualifying de facto partners are covered, not just married couples.

What is the Administration Act (intestacy rules)?

The Administration Act 1969 sets out what happens when someone dies without a valid will — who is entitled to administer the estate and how the estate is distributed among family members in a fixed order.

Does FreeWills give legal advice?

No. FreeWills provides general information and document-generation tools only. It is not a law firm and does not provide legal advice, and using it does not create a lawyer-client relationship.

When should I get personalised legal advice?

Get advice if your situation involves a trust or business, overseas assets, Māori land, a blended family or stepchildren, an intention to exclude someone, relationship property issues, concerns about capacity or pressure, or a likely dispute — or whenever you are simply unsure.

Estate and inheritance

Do adopted children inherit the same as biological children?

Generally, yes. Under New Zealand law, an adopted child is treated as the child of their adoptive parents, so they inherit the same way as biological children for intestacy and most will purposes.

Do grandchildren inherit automatically?

Not while their parent is alive. Under the intestacy rules, children inherit before grandchildren. Grandchildren may inherit in some situations — for example, if their parent has died — but the rules depend on the family situation.

Can I leave gifts to charities?

Yes. You can leave specific gifts or a share of your estate to a charity in your will, just like any other beneficiary.

Do I need to identify charities by their registered name?

Yes — use the charity’s correct full legal name (and registration details if possible) so there is no doubt which organisation you intended. An unclear name can cause delays or mean the gift fails.

Can I leave instructions for my funeral?

Yes, you can record funeral, tangi or memorial wishes in your will. Because a will may not be read until after the funeral, also tell your executor or family about your wishes separately.

Can I leave personal messages or notes?

Yes. You can include wishes and personal notes in the free-text fields the app provides. Keep them separate from the legal provisions, and never include passwords, PINs or security codes.

What happens to debts when I die?

Debts are paid from the estate before beneficiaries receive anything. Valid debts, expenses and taxes come first; beneficiaries receive what remains.

Executors

What should I consider when choosing an executor?

Choose someone honest, organised and willing to act — someone you trust with money and property, who can stay calm under pressure and will ask for help when needed. Ask them first, and name a backup.

Can I name more than one executor?

Yes. You can name two or more executors, and they generally act together. This can work well when one is a family member and one is a professional, but consider whether they will work together well.

Can an executor live overseas?

Yes, but there are practical considerations — distance can make collecting assets and dealing with paperwork harder, and some organisations may expect local contact. An overseas executor can be paired with someone in New Zealand or with a professional.

Can an executor refuse the role?

Yes. Being named does not force someone to act. A person who does not want the role can renounce, usually before they begin. That is why a backup executor matters.

How long does estate administration take?

Usually many months — commonly six to twelve months for a straightforward estate, and longer for complex or disputed estates. Debts and claims must be dealt with before distribution.

Complex situations

What if I own property overseas?

Overseas property is usually dealt with under the law of the country where it is located, and that country may have its own rules, taxes and legal steps. Get advice before relying on a New Zealand will alone.

What if I have a family trust?

A trust is separate from your estate. Trust property passes according to the trust’s rules, not your will — though who controls the trust after you die matters. Get tailored advice.

What if I have a business?

Business ownership needs careful planning — who takes over, how shares pass, and how the business is valued. A simple will may not be enough; get advice.

What if I have Māori land?

Māori land and succession interests are subject to special rules under Te Ture Whenua Māori Act 1993. Specialist advice is important before signing.

What if I expect disputes or claims?

A will that provides fairly for family, is made with independent advice and records reasons, and is signed and witnessed correctly is less likely to be challenged. If you expect a dispute, get advice early.

General information only
This website does not provide legal or financial advice. Laws and personal circumstances can change, so seek qualified advice when you need guidance specific to you.

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