Your Declaration Help

Before your Will is prepared, we ask you to confirm key legal points. These checks help ensure your Will is valid under New Zealand law and reduce the risk of disputes later.

What are these confirmations?

• Age (18+) — In NZ, people aged 18 or over can make a will. Some under-18s can too in limited cases (e.g. marriage/civil union, or court approval).
  Basis: Wills Act 2007 (age & capacity rules); witnessing formalities apply at signing time.
• Sound mind — You understand what a will is, what you own, and who might expect to benefit.
• Free will (no duress) — You’re acting voluntarily and not being pressured.

Why does this matter?

These confirmations address the same core issues courts look at if a will is challenged: were you old enough, mentally capable, and acting freely? Confirming now helps prevent problems later.

What happens when I sign?

• Your will must be in writing, signed by you, and witnessed by two people who are present together at the same time.
• Witnesses should not be beneficiaries (or the partner of a beneficiary), to avoid gifts failing.
• If formalities aren’t perfect, the High Court can sometimes validate a will — but it’s best to get it right first time.

How do I complete this step correctly?

• Tick all three confirmations truthfully.
• If someone is helping you, toggle Yes and enter their details (name, contact, relationship, and consent checks).
• Use plain, accurate details — they’ll appear in your final document.

Common mistakes to avoid

• Leaving a confirmation unticked and trying to continue.
• Having a beneficiary (or their partner) witness your signature — this can void their gift.
• Accepting help from someone who pressures your decisions.

What is a “Helper”?

A Helper is someone who assists you in completing your Will (for example, by typing for you or explaining terms). They are not making decisions on your behalf — you remain in full control.

When should I add a Helper?

• If someone is guiding you through the process (partner, friend, lawyer, support worker).
• If you need help with typing or understanding the forms.
• If you want to record for transparency that you had support when filling in your Will.

What details are required for a Helper?

• Full legal name (as shown on ID).
• Contact info (email or phone).
• Relationship to you (select from list or specify “Other”).
• Consent checkboxes confirming they have your consent and are not influencing you.

Common mistakes to avoid with Helpers

• Forgetting to tick the consent boxes (these are legally important).
• Adding someone as a Helper when they are actually a beneficiary or executor — keep roles distinct.
• Not filling in “Specify Other” if the relationship is unusual.

Quick Questions

• Can a beneficiary be a witness? No — if they do, their gift will usually fail. Choose neutral witnesses.
• Do witnesses need legal training? No. They just need to be present together, see you sign, and then sign themselves.
• What if I’m under 18? There are limited exceptions (e.g. marriage/civil union) or the Court can approve in rare cases.
• What if I made a mistake? Don’t alter a signed will by hand. Make a new will or get advice before changing anything.