General information only — not legal advice. Whether you need a lawyer depends on your circumstances, not on any legal requirement. This guide explains the general position in New Zealand. If your situation is complex, get advice from a qualified New Zealand wills and estates lawyer.
The short answer
No — New Zealand law does not require a lawyer to make a will. A will you write yourself, or create with a free online service like FreeWills, can be perfectly valid if it meets the requirements of the Wills Act 2007. But “not required” is not the same as “never a good idea” — for many people, a lawyer is well worth the cost.
What the law actually requires
Validity comes from the document and how it is executed, not who drafted it:
- you must be 18 or over, with testamentary capacity;
- the will must be in writing;
- you must sign it, or direct another person to sign it in your presence;
- at least two witnesses must be present together when you sign; and
- each witness must sign in your presence.
Meet those requirements and the will is valid — whether a lawyer wrote it or not.
When you don’t need a lawyer
A lawyer is not necessary for a straightforward will — for example, if you own modest assets, want to leave them to your partner or family, and have no complicated circumstances. Free tools like FreeWills are designed for exactly this situation, and cost $0.
When a lawyer is strongly recommended
Get professional advice if your situation involves any of the following:
- a family trust, business or substantial assets;
- overseas property or significant overseas connections;
- Māori land or succession interests;
- a blended family, stepchildren, or an intention to exclude someone;
- relationship property agreements or disputes;
- concerns about capacity or pressure;
- significant promises made to people for their services; or
- anything you are simply unsure about.
What a lawyer adds
A lawyer brings more than drafting: they can spot legal issues you did not know existed, advise on family claims and relationship property, make sure the will is signed and witnessed correctly, and often store the original. That advice is what makes a complex will less likely to be challenged.
The cost balance
A simple will can cost $0 with a free service, while a lawyer’s simple will typically costs a few hundred dollars. The question is value, not just price: getting a complex will wrong can cost an estate far more than the lawyer’s fee would have been. Our guide on costs has the detail.
The bottom line
You do not need a lawyer to make a will — a simple, correctly signed and witnessed will can be made for free. But a lawyer is the right choice whenever your circumstances are anything but straightforward. Ask yourself what your situation involves, and let that answer decide. Our guide on writing your own will and guide on who should write a will cover the surrounding questions.