Types of wills - crafting your legacy

Not all wills are created equal. The right type of will depends on your family, your assets, and how simple or complex your wishes are.

This page gives you a clear, plain-English overview of the three main types of wills we use, so you can get a feel for which one might suit you – and when you may need more than a basic option.

Step 1: Understand your choices

We generally work with three levels of will:

  1. Simple will – for very straightforward situations

  2. Normal will – for most “everyday” families and assets

  3. Complex will – for more complicated family, business, or asset structures.

Think of this as a scale. As life gets more complicated – second relationships, trusts, businesses, overseas assets – your will usually needs to move up a level.

Happy elderly couple smiling and looking at a laptop together in a cozy kitchen.

Step 2: The three types of wills

  • A simple will is only suitable if your situation and wishes are genuinely basic.

    Typically, a simple will:

    • Leaves everything to your partner, and if they die before you,

    • Leaves everything equally to your children or other loved ones, or

    • If you have no partner, leaves everything equally to your chosen beneficiaries.

    • If a child or other loved one dies before you, their share can pass to their children.

    • States whether you prefer burial or cremation.

    • Includes standard trustee powers.

    A simple will does not include:

    • Specific bequests/gifts (e.g. “my ring to my daughter”, “$5,000 to charity”)

    • Guardianship provisions for minor children

    • Any provisions for pets

    • Any trust provisions

    • Any unequal division of assets

    • Any provisions in contemplation of marriage or civil union.

    If your life is uncomplicated and you want a very basic “everything to my partner, then to the kids equally” approach, a simple will may be suitable. The moment you need anything more tailored, it’s usually better to step up to a normal will.

  • A normal will (sometimes called a “standard will”) suits most people who:

    • Have children (or may have in future)

    • Want some specific gifts or donations

    • Want more flexibility than a simple will can provide.

    A normal will includes everything a simple will covers, plus (if needed):

    • Guardianship provisions for your minor children

    • Provisions in contemplation of marriage or civil union

    • Provisions for pets (who will care for them, and whether any money is left to help)

    • Bequests/gifts, for example:

      • Specific amounts of money

      • Particular items (jewellery, heirlooms, artwork)

      • Gifts to charities

    • The option to:

      • Leave all assets to your partner, or

      • Leave everything to one trust, or

      • Provide for equal division of assets between your chosen beneficiaries

    • More detailed trustee powers

    • A beneficiary protection clause to better safeguard certain beneficiaries.

    A normal will is usually the right starting point for most families with:

    • A home, KiwiSaver, some savings or investments

    • Children, or plans to have children

    • A desire to make a few specific gifts or add some sensible protections.

  • A complex will builds on a normal will and is designed for situations where a standard approach is not enough.

    A complex will includes everything a normal will can include, plus (if needed):

    • Provisions for a blended family

      • Children from different relationships

      • Step-children and new partners

    • Life interest provisions

      • For example, allowing your partner or another loved one to live in the home or use certain assets for their lifetime, with capital eventually passing to your children

    • Unequal division of assets

      • If you wish to treat beneficiaries differently for good reasons (for example, previous gifts, special needs, or different circumstances)

    • Detailed trust provisions

      • For family trusts, testamentary trusts, or business-related trusts

    • Provisions for business interests

      • How company shares, partnerships, or business assets are to be handled

    • Provisions for assets outside New Zealand

      • Overseas property, bank accounts, or investments

    • Provisions dealing with Māori land

      • Respecting the special rules and obligations around Māori land

    • Provisions for what is to happen if you and your partner separate or divorce

      • To help manage risk and avoid unintended outcomes.

    If your family situation, asset structure, or wishes are more complex, a complex will gives you the space and tools to design something that really fits – and reduces the risk of disputes later.

Includes

  • It is usual to bequeath to the Trust any debts owed to you by the Trust, and to bequeath non-Trust owned assets to the Trust so that they are protected by the Trust

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  • If your will idoes not include a clause saying that it made in contemplation of your marriage or civil union, your marriage or civil union will “kill” your will

  • These clauses apply to stop your beneficiary receiving the estate if by doing so others you do not want to benefit (such as creditors) would benefit

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Simple will

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Normal will

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Complex will

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Step 3: Choosing what’s right for you

  • As a rough guide:

    • Simple will – Only if:

      • You have a very straightforward situation, and

      • You are happy with an “everything to my partner, then equally to my children/other loved ones” approach, and

      • You don’t need special provisions, trusts, or detailed protections.

    • Normal will – Often right if:

      • You have children (or plan to)

      • You want to name guardians

      • You want some specific gifts or charity donations

      • Your assets and family situation are relatively straightforward.

    • Complex will – Usually needed if:

      • You have a blended family or second relationship

      • You own a business or have a trust

      • You have substantial or overseas assets

      • You need life interests, unequal gifts, or detailed planning

      • You are dealing with Māori land or cross-border issues.

    We’ll talk through your situation and help you choose the right level of will, so you’re not under-protected with something too basic, or over-complicating things unnecessarily.

  • For simple and normal wills only You can:

    • Use DYOdocs to:

      • Think through your wishes

      • Provide key information about your family and assets

      • Get a sense of whether your needs are simple, normal, or complex.

    Then:

    • Work with Ross Holmes Virtual Lawyers Limited to:

      • Confirm which type of will truly fits your situation

      • Draft or refine your will so it is legally effective and clear

      • Make sure it works with any trusts, EPAs, digital asset planning, and funeral directives.

    Our goal is to help you craft a will that matches your life, protects the people you love, and does justice to the legacy you want to leave.

Disclaimer: This page provides general information only and is not legal advice.
You should always seek professional legal advice about your own situation before making any decisions about what type of will you need or how your estate should be structured.