Note: In NZ, a valid will must be in writing, signed by you, and signed by two witnesses who are both present at the same time. Witnesses should not be beneficiaries. If formalities are missed, the High Court can sometimes validate a document that clearly records your testamentary intentions.
Key requirements at a glance
- It must be in writing (handwritten, typed, or printed).
- You must sign it (or direct someone to sign for you in your presence).
- You must sign or acknowledge your signature in front of two witnesses who are both present together.
- Each witness must then sign the will in your presence.
- Witnesses should not be beneficiaries or the spouse/partner of a beneficiary.
- You must have testamentary capacity when you sign.
Source: Wills Act 2007 (NZ). See the official, up-to-date text on legislation.govt.nz.
Short statutory extracts (selected)
These brief extracts are reproduced for accuracy and context. For the authoritative version, use the official link below.
Core signing and witnessing rule (excerpt)
In summary, a will is not valid unless it is in writing and signed by the will-maker, whose signature is made or acknowledged in the presence of two witnesses present at the same time, and each witness signs the will in the presence of the will-maker.
Source: Wills Act 2007 (NZ). This plain-English paraphrase is provided for convenience; check the official text below for exact wording.
Court validation power (excerpt)
The High Court may make an order declaring that a document is a valid will of a deceased person if the Court is satisfied that the document expresses the deceased person’s testamentary intentions.
Source: Wills Act 2007 (NZ), validation provision (commonly referred to as s.14). Always confirm on the official site.
How to sign and witness your NZ will
- Print the final will. Use black or blue ink for signatures.
- Assemble two independent witnesses (not beneficiaries, not the spouse/partner of a beneficiary). Everyone must be present together.
- You sign on the signature line in front of both witnesses.
- Each witness signs on the witness lines in your presence.
- Initial any handwritten corrections next to the change (you and both witnesses).
- Date the will on the day of signing and store it safely. Tell your executors where it is kept.
Common mistakes to avoid
- Only one witness, or witnesses not present together.
- 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.
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Legal note: This page provides general information about NZ will law. It is not legal advice. If you have a complex family or asset situation, talk to a qualified lawyer.
Attribution: Selected short extracts are reproduced from the Wills Act 2007 (New Zealand) for informational purposes. The authoritative, up-to-date text is available on legislation.govt.nz.
Last reviewed: 2025-10-04