Your Declaration FAQs

A Will must be in writing, signed by you, and witnessed by two witnesses present together when you sign. Each witness then signs in your presence. These formalities come from the Wills Act 2007. (See also Court “validation” below.)

Generally yes - 18+ is the standard. There are limited exceptions (e.g., if you're married/civil-union/de facto or with court permission), but most people should wait until 18. Our declaration confirms you meet the usual rule.

You understand what a Will is, roughly what you own, and who might reasonably expect to benefit (family, dependants). Capacity can fluctuate - sign when you're clear-headed and avoid medication/alcohol that impairs judgment.

Any pressure, threats, manipulation, or control that overwhelms your free Will. If anyone is pushing you, stop and get advice. A Will made under pressure can be challenged and set aside by the High Court.

Use two independent adults present together. Avoid Beneficiaries and their partners as witnesses - the Will may still be valid, but that Beneficiary's Gift can be at risk. Each witness should add their name, address, and occupation near their signature.

The temporary COVID rules for video witnessing have expired. As a rule, NZ Wills should now be signed in person with both witnesses present together. If formalities weren't met, the High Court can sometimes validate a document (see below).

If your document wasn't properly signed/witnessed, the High Court may still declare it valid if it's satisfied it expresses your testamentary intentions. Validation is discretionary and requires a court application - best to get it right at signing time.

Not legally - DIY Wills are permitted. However, legal advice is sensible for blended families, trusts, businesses, overseas assets, or if you expect claims. Lawyers or trustee companies can also witness and store your Will.

Government ID, your final printed Will (or access to it for printing), and your witnesses (if not provided). If using a service or law firm, they may also ask for proof of address and related documents (e.g., trust deed, property agreement).

Keep the original safe and findable (law firm, trustee company, bank vault, or a fire-safe at home). Tell your Executors where it is. Give copies/scans to Executors but remember: the original is what the High Court wants for probate.

Yes. You can make a new Will (which usually revokes the old one) or add a properly signed codicil. Major life events (marriage, separation, new Children, property changes) are good times to review your Will.

Challenges go to the High Court. Common grounds include lack of capacity, undue influence, or failure to meet signing requirements. Clear declarations and proper witnessing help reduce the risk of a successful challenge.

A common practice is to wait about 6 months after probate before final distribution to allow potential claims. Interim distributions may be possible with care. Your Executors should get legal advice before paying out early.

Some claims (e.g., Family Protection Act) should be filed within 12 months of probate (extensions are rare). Giving written notice within six months can be prudent because Executors may distribute after that period without personal liability.

If someone helps you complete the Will, note their details. They shouldn't make decisions for you. Recording a helper builds transparency if questions arise later about influence or understanding.

The named Executor applies to the High Court for probate with the original Will and required documents. Court staff check the paperwork; if granted, probate confirms the Will and the Executor's authority.