Your will - leaving a legacy and protecting your loved ones

A will is one of the simplest, most powerful ways to look after the people you care about and decide what happens to everything you’ve worked for.

Without one, you’re leaving those decisions to the law – and that may be very different from what you would have wanted.

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Use DYOdocs to create a free report on the legal documents you should have as part of:

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You can complete your will online using DYOdocs, then choose whether you’d like Ross Holmes Virtual Lawyers Limited to review or provide advice.

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Guide to will-based estate plans
Guide to will-based estate plans

Step 1: Understand what a will does

  • A will is a legal document that says:

    • Who should receive your assets after you die

    • Who is in charge of your estate (your executor)

    • Who you want to look after your children if they are still minors

    • Any special gifts or wishes you want to record.

    Your executor:

    • Collects and protects your assets

    • Pays your debts, taxes, and final expenses from the estate

    • Transfers the remaining assets to the people (beneficiaries) named in your will.

    Your will can also:

    • Appoint guardians for your minor children

    • Set up trusts for:

      • Children or grandchildren

      • Family members with disabilities or special needs

      • Anyone you want to protect from managing money too early or unwisely

    • Record your wishes for personal items (heirlooms, jewellery, artwork, pets, etc.).

    To be legally binding in New Zealand, a will must:

    • Be in writing

    • Be signed by you,

    • Be witnessed correctly by two witnesses who are not beneficiaries.

    Because the rules are technical, it’s important to get proper legal advice so your will does what you intend.

  • We recommend a will-based estate plan and not just a will. A will is essential – but on its own, it is often not enough.

    A well prepared will-based estate plan usually includes:

    • Your will

    • Enduring powers of attorney (so someone can make decisions for you if you lose mental capacity)

    • Funeral directives

    • A list of digital assets and devices

    • Sometimes, a memoranda of wishes or other documents to guide your executors and trustees.

    We help you put these pieces together so they work as a comprehensive plan, not just a collection of forms.

  • Click here for information on the different types of wills and what can be included in wills.

An elderly couple sitting on a park bench, smiling, with the man embracing the woman, surrounded by greenery and colorful flowers.
An elderly couple sitting on a park bench, smiling, with the man embracing the woman, surrounded by greenery and colorful flowers.

Step 2: The practical reasons to have a will

  • Here are some of the main reasons a will is so important:

    1. You decide who gets what
      Without a will, New Zealand’s intestacy laws decide for you. That might not match your wishes or your family situation.

    2. You choose who is in charge
      You pick your executor, instead of leaving it to the court or family to work it out.

    3. You protect your loved ones
      You can:

      • Appoint guardians for your minor children

      • Set up trusts so children or other loved ones don’t receive large sums of money too early.

    4. You protect vulnerable family members
      You can provide for:

      • Family members with disabilities or high support needs

      • People who may not be good with money

      • Blended families and second relationships.

    5. You plan for your business
      If you own a business, your will can:

      • Say who should inherit or buy your share

      • Work together with shareholder or partnership agreements.

    6. You can support charities or causes you care about
      You can leave specific gifts or a share of your estate to charity.

    7. You reduce stress, delay, and cost for your family
      A clear will can make the estate process faster, simpler, and less stressful at a very emotional time.

    8. Your will can change as life changes
      You can update your will when you:

      • Marry or separate

      • Have children or grandchildren

      • Buy or sell property

      • Start or sell a business.

    Overall, a will is one of the most important documents you can put in place to protect your loved ones and make sure your wishes are respected.

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Step 3: When to prepare your will (and how we help)

  • In one word: Now.

    No one knows when they will die. If you die without a will:

    • The law decides who gets your assets

    • It can be harder and more expensive for your family

    • People you care about may miss out.

    It’s easy to put this in the “too-hard basket”, but far too many people die without a will – and that can leave a real mess for the people they love.

    Starting now means:

    • You stay in control

    • Your family has clear guidance

    • You can move on, knowing this important job is done.

  • We can:

    • Talk with you about your family, assets, and goals

    • Explain your options in plain English

    • Draft a will that:

      • Fits your situation

      • Works with any trusts or business structures

      • Reduces the risk of disputes later.

    You can also use DYOdocs to get started online, then ask us to review and finalise your will so it meets New Zealand’s legal requirements and truly reflects what you want.

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FAQ’s about wills in New Zealand

  • A: If you die without a will in New Zealand, your assets are distributed under the laws of intestacy. The law sets a fixed order for who receives what. This may not be what you would have chosen.

  • A: In general, anyone who is 18 or older and of sound mind can make a will in New Zealand. In some limited cases, younger people may be able to make a will with the Court’s approval.

  • A: A valid will must:

    • Be in writing

    • Be signed by the will-maker

    • Be witnessed by two witnesses who:

      • Are 18 or over, and

      • Are not beneficiaries (and not the spouses/partners of beneficiaries).

    Because the rules are strict, we strongly recommend using a lawyer to ensure your will is valid.

  • A: Yes. You can change your will at any time while you are of sound mind. Changes are usually made by:

    • Signing a new will (most common), or

    • Signing a codicil (a formal amendment) in the same way a will is witnessed.

  • A: Yes. A will can be challenged in the New Zealand courts, usually within six months of the grant of probate or letters of administration. Common grounds include:

    • Whether the will-maker had capacity

    • Undue influence or pressure

    • Claims under the Family Protection Act or Property (Relationships) Act.

    Good legal drafting and proper advice when you make your will can reduce the risk of future challenges.

  • A: Legally, you don’t have to use a lawyer – but it is strongly recommended. A lawyer will:

    • Make sure your will meets all formal requirements

    • Check that your wishes are clear and workable

    • Help you understand how New Zealand law may affect your estate and family.

    You can use DYOdocs to think through your wishes and prepare information, then work with Ross Holmes Virtual Lawyers Limited to ensure your will is correct, complete, and legally effective.

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 wills, or your wider estate plan.