How to create a will in New Zealand

Creating a will is one of the most important things you can do to protect your family and make sure your wishes are followed after you’re gone. It gives you control over what happens to your property, savings and belongings. Without one, the law decides who gets what, and that might not reflect what you actually want.

Here are some things you might want to consider when creating a will. 

A will must be in writing. It can be handwritten, typed or printed. Just make sure it's not a spoken promise or an online-only note, as those won’t be legally binding.

Your executor is the person who will carry out your wishes.

You might want to pick more than one executor, or even a backup executor, just in case one passes before you.

When you pick an executor, choose someone who’s reliable, organised and trustworthy to handle the paperwork and make decisions in line with your wishes. 

This is the heart of your will. You’re writing down what you’d like to happen to everything you own and care about after you die. Be clear and specific, so there’s no confusion later on. Here are some things you might want to consider:

• Who inherits your assets: List everything you own, such as bank accounts, KiwiSaver, investments, vehicles, property and sentimental items and name each recipient by full name and their relationship to you.

• Personal items and digital accounts: Specify heirlooms such as jewellery, photos, artwork and digital assets such as email, social media, cloud storage and cryptocurrency. State what happens to each and who’ll manage them.

• Guardianship for children and pets: Appoint a guardian for minors and note any care preferences.

• Special gifts or messages: Identify any sums of money or personal items for individuals or charities, and include brief words of thanks or instruction.

• Backup recipients: Name alternates in case your first-choice beneficiaries pass before you or they are unable to accept their gift.

• Funeral wishes: Record your preferences for burial or cremation, service location and style, and decisions about organ donation.

• Revoking past wills: So that there's no confusion around which version applies. Consider including a statement like “I hereby revoke all prior wills and codicils” so only this version applies.
   

Take your time with this section. The more clearly you set things out now, the easier it’ll be for your executor and family to honour your wishes later on.

Once you’ve finished writing your will, sign it at  You must sign in front of two adult witnesses, then they need to sign it straight after you, while you witness their signature. Witnesses aren’t recommended to be people who are named in the will or married to someone who is.

Keep the original will somewhere secure, such as with your lawyer, the Public Trust or in a fire-proof lock box. Let your executor know where it is and how to access it when needed.

There are a few different ways to go about writing a will, depending on your needs and budget.

A lawyer or trustee company is the most reliable option. Always consider legal advice when planning how your estate should be handled when you’re no longer around. This is especially if you have significant assets, own a business, have a blended family, have overseas assets or have other unique needs. Your local Community Law Centre can provide you with free initial legal advice. 

For your will to be legally valid, it must meet these five rules:

• it’s written down
• you sign it at the bottom
• two witnesses sign it in your presence
• you’re of sound mind and not being pressured
• you’re at least 18 (or have Family Court approval in certain circumstances).
   

If you’d like a deeper look at the rules, benefits and common questions around wills in New Zealand, speak to a professional. 

In New Zealand, anyone aged 18 or older can make a will if they understand what it means. If you are under 18 but married, in a civil union or serving in the military or at sea, you may also be able to make one with Family Court approval.

Check your will every couple of years or after any big life event like marriage, divorce, having a baby or buying a home. If you only need to change something small, you might be able to add a codicil (an additional legal document that changes an existing will). For bigger changes, consider creating an entirely new will. 

Writing a will is just one part of protecting the people you care about. Pairing it with the right life insurance means your family can access funds quickly when they need it most.

Get in touch with Chubb Life to find out how we can help you plan for the future with