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We strongly recommend you make a will so your assets are distributed according to your wishes.

Case study

Mrs. X died intestate (without a will).
She was the mother of one child and her husband survived her. She and her husband owned rental property, their home and various other assets.
What happens to her share of all this? It’s likely the child will get a big chunk of the estate, whether this was what Mrs. X wanted or not.

To make a will in New Zealand, you need to meet the following requirements:

  • Be of sound mind: You must be free from coercion or undue influence.
  • Be written: Your will must be in writing and dated.
  • Be signed: You must sign your will in the presence of two witnesses who are not beneficiaries of the will, a spouse, or a relative of anyone named in the will. Each witness must sign in the presence of the will maker and each other.
  • Be intended to take effect as a will: You must intend your document to take effect as a will.
  • Be completed when you have legal capacity: You must complete your will when you have legal capacity.

Can you write your own will?

A will is not a do-it-yourself job. To get it right, get your solicitor involved.

You can of course write your own will yourself, there are various templates online to follow – however it may be better to use a lawyer or Public Trust to ensure it is legally valid and less likely to be challenged.
You can also use a trustee corporation, which can write wills and act as executors and trustees for estates.

Here are some tips for making a will:

  • Use plain English.
  • Don’t attach anything to your will.
  • Review your will regularly and update it when your circumstances change.
  • Reflect your assets in your will to avoid disputes with any relationship property agreement.

Remember too, if you remarry you will need to make a new will.