Writing a will in New Zealand — What it covers, how to make one, and what happens if you don't
Losing someone you love often brings a sudden and painful reckoning with the practical things they left behind — including whether or not they had a will. If you are here because that question is now urgent, we hope this article helps you find your footing. And if you are reading this because you want to spare your own whānau from that uncertainty, you are doing something genuinely kind. This guide explains what a will in New Zealand actually covers, what makes one legally valid, how to go about making one, and what the law does — and doesn't do — when there is no will at all.
What a will actually does
A will is a written document that puts you in control of what happens to the things you own after you die.
It specifies who you want to benefit from your estate (your beneficiaries), who will be responsible for administering it (your executor), and it can also record specific wishes around your funeral or the guardianship of your children or dependants.
In practical terms, that means you can use a will to leave particular belongings — jewellery, a car, a treasured heirloom — to the specific people you want to have them. You can give away specific personal items, specify cash gifts or shares, decide who receives the balance of your estate, indicate burial wishes, and nominate a legal guardian for your children if they are minors.
One thing worth knowing: you can set out your preferred funeral arrangements in your will, though those organising the funeral are not legally bound to follow those instructions. If your funeral wishes matter deeply to you, it is worth sharing them directly with your executor and whānau as well, not just leaving them in a document that may not be read until after decisions have already been made.
What makes a will legally valid in New Zealand
A will needs to meet a few clear requirements under the Wills Act 2007 to be legally enforceable. It must be in writing — typed or handwritten — signed by you at the end, witnessed by two independent witnesses who are present when you sign, and made by you of sound mind and acting voluntarily, free from any pressure or coercion.
If a witness — or their spouse or partner — is named as a beneficiary in your will, they lose their inheritance. The will itself remains valid, but that specific gift fails. Choose your witnesses with care: a colleague, neighbour, or friend who has no personal stake in your estate is the right choice.
Under the Wills Act 2007, any person aged 18 or over may make, change, revoke, or revive a will.
There is one important thing to know about marriage: in New Zealand, getting married automatically revokes an existing will unless it was specifically written in anticipation of that marriage. If a will is revoked by marriage and no new will is made before death, the person is treated as having died without a will at all. Separation, on the other hand, does not revoke a will — though it does affect how some gifts to a former spouse are treated. If your circumstances have changed, your will should change too.
How to make a will
There are several paths available to New Zealanders. A lawyer will draft a will tailored to your circumstances and provide advice about family protection law and anything complex in your situation. The cost of writing a will in New Zealand ranges from around around $230 for a DIY kit through to $500 or more for a will prepared by a lawyer, depending on the complexity involved.
Public Trust is New Zealand's largest provider of wills and estate administration services, with customer care centres across the country and an online service as well. All new Public Trust wills come with a free annual update so you can keep the document current as life changes. Perpetual Guardian is another established option. Will kits are available from bookshops for a modest cost, though these carry more risk of errors than a professionally drafted document.
Being explicitly clear in every detail matters — and this is where professional guidance offers protection that DIY services cannot. If your family situation is uncomplicated, a simple will is still very much better than no will. If there is a family trust, a business, stepchildren, or significant assets involved, professional advice is worth the cost.
Once your will is made, store it somewhere safe and tell your executor where to find it. A will should be updated regularly to account for major life changes — marriage, separation, the birth of children or grandchildren, or the purchase or sale of major assets.
What happens if there is no will
This is where things become harder — for your loved ones, not just legally. When someone dies without a will, the law steps in to decide how the estate is divided — a situation known as dying intestate.
When a person dies without a valid will, the Administration Act 1969 provides a strict formula for how their estate must be distributed. That formula works like this: the spouse or partner receives personal belongings, a fixed sum, and one third of the remaining estate, with children sharing the rest. If there are no children, the spouse or partner receives everything. If there is no spouse or partner, the estate passes to other relatives — parents or siblings, in order.
The fixed sum a surviving partner receives under the intestacy rules is currently $155,000. This figure is set by law and may change — verify the current amount with a lawyer or Community Law if this is relevant to your situation.
Some families are especially exposed by intestacy. The Administration Act does not cater well to modern, blended families. Stepchildren do not automatically inherit anything under intestacy rules unless they have been formally adopted. If you want to provide for stepchildren, close friends, or a charity, a formal will is the only way to guarantee it.
There are also practical difficulties. When someone dies without a will, a family member must apply to the High Court for letters of administration before they can deal with the estate at all. That process is generally more complex, more time-consuming, and more expensive than obtaining probate under a valid will. For families already carrying grief, that additional burden is real.
Note that in New Zealand law, some de facto relationships and civil union partnerships are recognised as equal to marriage for the purposes of estate distribution. If you are in a de facto relationship and your partner has no will, it is worth seeking advice about your position.
A note for whānau navigating Māori land
If the person who has died held an interest in Māori land (whenua Māori), different rules apply. Māori land is governed by Te Ture Whenua Māori Act 1993, and the Māori Land Court has its own processes for succession. The provisions of a will may interact with these rules in specific ways. Seeking guidance from a lawyer familiar with Māori land succession, or from Te Puni Kōkiri, is strongly recommended.
Writing a will — or helping someone you love to make one — is one of the quieter acts of care you can offer your whānau. It cannot take away loss. But it can take away unnecessary confusion, conflict, and cost at the worst possible time. Whatever stage of life you are at, whatever you own or don't own, a will gives the people you love a clearer path forward when they are already carrying so much.
If you'd like to get your own affairs in order, our planning ahead guide walks through the process step by step, at your own pace.
Circumstances vary. Verify specific details directly with the relevant organisation before acting.
Written and reviewed with care by BesideYou.