Writing a legal will: What every Kiwi should know
An estimated 50% of Kiwis over the age of 18 have a legal will in place. If you’re one of those who don’t have a will yet, you’re not alone. But taking steps now can help make a real difference for the people you care about most. Whether your estate is simple or complex, having a will helps ensure your wishes are honoured and makes things easier for your loved ones down the track. So, let’s talk you through the steps of writing a will in New Zealand.
The importance of a will for all Kiwis
It’s recommended that anyone over the age of 18 with cash or assets worth at least $15,000 should have a will. However, even if your situation seems straightforward, having a will in place can still provide peace of mind.
Firstly, it can provide reassurance that your wishes will be followed after you’re gone. It means that the people or organisations that you want to inherit your assets and savings will do so.
Perhaps even more importantly, it means that your friends and family won’t have to question how you would have liked things to go. Without a will, they can face a much more difficult challenge in determining who gets what, all on top of an incredibly tough time emotionally.
Online wills vs. using a legal representative for a will
There are two approaches to making or writing a will in New Zealand; online or with a legal representative.
Online services such as Public Trust Wills offer quick and affordable ways to create a legally valid will with minimal fuss. These can be good options for simple estates, or as a temporary measure until you have the time to sit down with a professional.
Alternatively, you can speak to an estate lawyer or a trustee company. These professionals can draft a will for you that covers everything, which can be a good option for more complicated estates (such as if there are children, complicated family dynamics, properties and other assets involved).
Note that either way, a will must be signed and witnessed for it to be valid.
What to include in a will
Whether you are using an online provider or a professional representative, they will ensure you cover all the bases of what to include in a will.
These may include:
- Revoking any earlier wills
- Appointing an executor (or more than one) who will ensure your will is carried out
- Who inherits property, savings, heirlooms, and other assets
- Directions for funeral arrangements and wishes
- Who will care for any children
- Whether anyone can live on your property and for how long
What changes can I make to my will?
A will isn’t a one-time document, it should evolve with your life. You can update it whenever your circumstances change such as new assets, debts, marriage, divorce or even the birth of grandchildren.
You will need to revoke any old wills, and ensure each updated will is properly signed and witnessed, in order for it to be valid.
Where should I keep my will?
Your lawyer, online will provider, or trustee company will store a copy of your will for you. You can also store another copy or two with people you trust, such as your executor.
Importantly, be sure to tell important people where your will is stored. This is most often the executor, but can also be a family member or close friend.
You should also keep a copy in your own documents, both for your own reference and as a back-up for your executor of will.
What happens if I die without a will?
If you pass away without a will, it is known as dying ‘intestate’ or dying without a will in New Zealand. In this case, the government essentially follows a formula to divide up your assets.
If your assets combined are worth less than $15,000, it is considered a small estate and can be managed by your next of kin.
Without a will, an administrator must be appointed to deal with your affairs, including selling property, dealing with debts, closing accounts, and filing taxes. Usually, the administrator will be your closest relative, but they still must apply to the courts to be the administrator.
The administrator will need to take steps to try to find a will, and prove to the courts they have made reasonable attempts.
Their final job is to distribute the estate as per New Zealand law. This will depend on whether you have a spouse, children, living parents, or a blended family.
Typically, this no-will process can take much longer than it would otherwise – as much as six to 24 months.
Preparing your final wishes
Creating a will is one way to prepare for the future. Another is considering how your loved ones will manage funeral expenses when the time comes. With New Zealand Seniors Funeral Insurance, you can take steps to help cover the cost of your funeral, easing financial pressure and allowing your family to focus on what matters most.
19 Aug 2025