General information only — not legal advice. This guide explains how wills and later wills generally work under New Zealand law. If you have more than one will, or you are unsure whether a document is valid, get advice from a qualified New Zealand lawyer.
The short answer
Only one valid will can be in effect at a time. When you make a new will — dated, signed and witnessed correctly — it generally revokes your earlier will, and the new one becomes the only will that counts. You cannot have several wills in force at once, each dealing with different parts of your life or your property.
Why only one
A will is meant to be a single, clear record of your wishes that takes effect when you die. If two or more documents could both be treated as your will, no one would know which one governs — your executor, your family and the court would be left to argue about it. The law avoids that by giving effect to your most recent valid will and treating earlier ones as revoked.
How a new will replaces an old one
An earlier will can be revoked in a number of ways, including:
- making a new valid will — the most common and safest way to change your wishes;
- destroying the will with the intention of revoking it (burning, tearing or otherwise destroying it);
- in some circumstances, marriage or civil union, under the Wills Act 2007; or
- a later document that expressly revokes the earlier will.
If a later will does not revoke an earlier one expressly, the later will still prevails to the extent that it is inconsistent with the earlier one. Either way, the practical rule is the same: your latest valid will is the one that matters.
What makes a will valid
For a new will to revoke an earlier one, it must itself be valid. In New Zealand that means it must meet the requirements of the Wills Act 2007:
- the will-maker must be 18 or over (with limited exceptions);
- the will-maker must have capacity and be making the will freely;
- the will must be in writing;
- the will-maker must sign it (or direct someone else to sign it in their presence);
- at least two witnesses must be present together when it is signed, and must sign in the will-maker’s presence; and
- the will should be dated.
A will that is not signed and witnessed correctly may not be valid at all — meaning an earlier will could remain in effect, or the estate could be dealt with as if there was no will.
Why dating matters
The date helps everyone identify which will is the latest. If a will is undated, or if two wills exist and no one can prove which came first, the estate can be delayed while the court works out which document should take effect. A clear date on a properly executed will avoids that uncertainty.
What about codicils?
A codicil is a later document that changes part of an existing will — for example, replacing one beneficiary or updating a gift. It does not create a second will. It is read together with the original will as a single document, and it must be signed and witnessed with the same care as a will. For most people, making a fresh will is simpler than managing codicils.
What to do with an old will
Once a new will is signed and witnessed, the old one has no effect. Keeping old copies is not a problem, but it is wise to destroy old signed originals so no one later finds two documents and wonders which one counts. Only destroy an old will when you are sure the new one is complete and valid — and tell your executor where the new original is kept.
The bottom line
You can only have one valid will in effect at a time — the one that is dated, signed and witnessed correctly, and made most recently. If you want to change your will, make a new one properly rather than writing on the old one, and make sure everyone who needs to know can find the current original. Our guide on what a will is covers the validity rules in more detail.