General information only — not legal advice. Changing or cancelling a will must be done in the right way, and the rules matter. This guide gives the short answer. For the full detail, see our guide on revoking a will, and get advice from a qualified New Zealand lawyer if your situation is complicated.
The short answer
Yes — while you are alive and have the mental capacity to make decisions, you can change or cancel your will at any time. A will only takes effect when you die, so nothing about it is final while you are still here. The key is doing it correctly: a change or cancellation that is not properly made may not count at all.
Changing your will
There are two proper ways to change a will:
- make a new will — the cleanest and most common approach. A new will made correctly revokes the old one, so the latest document simply takes over; or
- add a codicil — a separate, properly signed and witnessed document that changes part of the existing will.
Writing on the will, crossing out names, or attaching notes does not work. Those changes are not valid and can create serious confusion.
Cancelling (revoking) your will
Under the Wills Act 2007, a will can be revoked in a few recognised ways:
- making a new will that revokes the earlier one;
- deliberately destroying the will with the intention of revoking it;
- marriage or civil union, which automatically revokes an earlier will unless it was made in contemplation of that event; or
- a later written document, executed like a will, that revokes the earlier will.
Our guide on revoking a will explains each method and the traps in detail.
What you cannot do
Some things are not possible:
- you cannot change or cancel a will after you die — once it takes effect, it is administered as it stands;
- you cannot revoke a will by writing on it, crossing things out, or tearing a copy;
- you cannot make a valid change without capacity, or under pressure from someone else; and
- you cannot rely on an informal note or a verbal promise to change your will.
If you cancel without replacing
If you revoke your will and do not make a new one, you will die intestate — your estate will be distributed under the intestacy rules, not according to your wishes. Revoking with the intention of making a new will later is risky if the new will is never completed.
Practical steps
To change or cancel safely:
- make a new will that states it revokes all earlier wills;
- sign and witness it correctly;
- destroy old signed originals so there is no confusion;
- tell your executor where the new will is kept; and
- get advice if there is any doubt about capacity, pressure or the effect of a change.
The bottom line
You can change or cancel your will at any time while you have capacity — the document only matters when you die. The safest way to change it is a new will, made and signed properly. The safest way to cancel it is a new will that says so, or a deliberate, properly executed revocation. Our guide on how many wills you can have and guide on updating your will cover the surrounding rules.