NZ Will Law Explained: A Plain-English Guide

What are the key elements of a NZ Will?

A Will is valid when it is written down, signed by you, and signed by two witnesses who are present at the same time. The Wills Act 2007 also explains who can make a Will, how to change or revoke one, and what happens if you marry, separate, or pass assets to others.

• What counts as a Will? A Will distributes your property and can appoint guardians for Children (see s8).
• Who can make a Will in New Zealand? Anyone aged 18 or older, with exceptions for under-18s who marry, partner, or receive Family Court or military approval (see s9-s10).
• What is the main validity rule? The Will must be in writing; you sign it (or someone signs at your direction), and two witnesses sign in your presence see s11.
• What are witnessing basics when signing my Will? An Executor can act as a witness, and a witness doesn't need to know it is a Will - they simply observe and sign (see s12).
• Can a witness also be a Beneficiary? Usually not. If a witness (or their partner) is left a Gift, that Gift is void - though the Will itself remains valid (see s13).
• What if I miss a formality? The High Court can sometimes recognise a document that clearly shows your testamentary intentions, but you should always follow the formal process to avoid delay or cost (see s14).
• How to change, revoke, or revive a Will? A Will can be updated or cancelled in writing or by making a new one. Specific rules apply for revival (see s15-s17).
• Does marriage or civil union affect a Will? Marriage or civil union usually revokes an existing Will unless it was made in contemplation of that relationship (see s18).
• What if a relationship ends? Gifts or appointments to a former spouse or partner can be void once relationship-property orders are made (see s19).
• What if a Child Beneficiary dies first? Their Children (your grandchildren) may inherit instead - this is called the "anti-lapse" rule (see s23).
• How are overseas-made Wills treated? Foreign Wills can be accepted for NZ probate if they meet key international requirements (see s22).
• What if there are mistakes or missing details? Courts can correct clerical errors or use outside evidence if wording is unclear (see s31-s32).

What edge cases commonly cause problems with NZ Wills?

Most Wills are straightforward, but some lawful scenarios can create technical problems if not handled carefully. Here are examples where people often get caught out - and when you might need legal advice.

• Witness is also a Beneficiary? The Gift to that witness (or their partner) is void, even if the Will remains valid (see s13).
• We missed a formality but it's clearly my Will. The High Court can sometimes accept the document if it clearly shows your intentions, but it involves cost and delay (see s14).
• I later marry or enter a civil union. Unless your Will was made in contemplation of that relationship, it is generally revoked (see s18).
• Under 18 years old. Wills by under-18s need Family Court or military approval unless married or in a civil union (see s9-s10).
• Historic signing variations. The 2012 amendment clarified witness statements, and temporary COVID-era rules allowed remote witnessing under special regulations Wills Amendment Act 2012 · Epidemic Preparedness Regs

How do I sign and witness a Will in New Zealand?

Signing your Will correctly is crucial. You, and both witnesses, must be together at the same time. Follow this simple step-by-step checklist to avoid any mistakes that could make your Will invalid.

1. Print the final Will. Use black or blue ink for all signatures.
2. Arrange two independent witnesses (not Beneficiaries, and not the spouse or partner of a Beneficiary). Everyone must be physically present together.
3. You sign on the signature line in front of both witnesses.
4. Each witness signs in your presence immediately after you sign.
5. Initial any handwritten changes (you and both witnesses together).
6. Write the signing date clearly and store the Will safely. Tell your Executors where to find it.

What mistakes should I avoid when making a NZ Will?

Many Wills fail or get challenged because of small execution errors. Avoiding these mistakes will help ensure your Will stands up if ever tested.

• Only one witness, or witnesses not present together when signing.
• A Beneficiary (or their spouse/partner) acting as a witness.
• Unsigned or undated pages, or altered pages not initialled.
• Using a draft with tracked changes left visible.
• Not telling Executors where the signed original is stored.