Creating Your Will
A will is a legal document setting out certain requests a person wants once they have died. These could include: guardianship of children and how they wish their assets and belongings to be distributed.
Having a will gives you control, helps avoid disputes, reduces stress and cost for your family and generally makes a hard time easier for the people you love.
Things to think about and discuss before you visit a lawyer
Thinking ahead about some of the more difficult questions involved in creating a will can make a big difference. Arriving at your lawyer’s office prepared, with some decisions already thought through, can ease the process. While many of these questions may feel confronting or uncomfortable, considering them in advance can help reduce stress and keep legal costs down.
A few questions you might like to consider are:
- Are you married, in a civil union, de facto relationship, separated, or divorced?
- Do you have children? (Biological, adopted, step-children?)
- Are any children minors or financially dependent on you?
- Does anyone depend on you financially (partner, elderly parent)?
- Do you have trusts, relationship property agreements, or a prenup?
- Who do you want to benefit from your estate when you die?
- Do you want to leave specific gifts (eg “$10k to X”, jewellery to Y)?
- Are there any family tensions or risk of someone challenging the will?
- Who do you trust to carry out your wishes set out in your will (executor)?
- Who should be guardian of your children if both parents die?
- Should money for children be held in trust until a certain age?
- Who should manage that money?
- Are there people you don’t want to benefit?
- What debts do you have – Mortgages, loans, credit cards?
Talking through these questions with your spouse or partner in advance can also help make sure you are aligned before sitting down with a lawyer.
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Living Wills & Advance Directives
You may want to create a document called a living will, or advance directive. A living will sets out specific medical treatments you do or don’t want. It commonly covers life-sustaining treatment (eg. resuscitation, ventilation, feeding tubes) and applies only in certain situations (eg terminal illness, permanent unconsciousness).
They state what healthcare you would like, including whether you want doctors to use all means possible to keep you alive or you would prefer not to be treated. This is sometimes called a Do Not Resuscitate order or DNR.
Living wills might also include decisions about accommodation (where your loved one will live) and other legal matters not including financial information.
A living will is often part of an advance care plan. Many people start with an advance care plan (values first), then include or add a living will for clarity on major medical decisions.
Frequently Asked Questions
It is a good idea to review your will regularly to make sure it is current and reflects what you want, especially if you have had additional children , a falling out with a family member or changed your relationship status.
Most couples create separate wills that are carefully aligned, rather than one joint document. This means that each of you can change your will later if life changes and each will deals only with what that person owns.
In practice, many couples make wills at the same time, leave most or all of their estate to each other and include similar backup plans (eg if you both die together).
From a legal point of view, you’re generally free to decide how your estate is divided. However, in New Zealand there are laws that allow certain family members, including children, to challenge a will if they believe they haven’t been properly provided for. Think about whether your decision will be seen as fair and reasonable and include a separate letter of wishes explaining your reasoning.
Somewhere safe, findable, and known about. A will is only useful if it can be located quickly after you die.Good places to keep your will include:
– With your lawyer – very common and often the safest option
– At home, in a fire-resistant safe or secure file
– With your bank, if they offer document safekeeping
What matters more than the location is that your executor knows exactly where it is and your family or key people know who to ask. The original (not just a copy) needs to be accessed easily
Yes. Most adults in New Zealand should have a will, even if your situation feels simple.
If you die without a will, you don’t get to choose what happens to your estate. Instead, it’s divided according to NZ’s intestacy rules, which may not match your wishes at all.
For example:
Your partner may not receive everything, especially if you have children
Step-children usually receive nothing
Someone you care about could be left out entirely
The process is often slower, more stressful, and more expensive for your family
More about what happens if someone dies without a will…
Yes. You can write your own will or use an online template in New Zealand, but it comes with some important risks. For a will to be valid in NZ, it must:
Be in writing
Be signed by you
Be witnessed by two people who are present at the same time
Be witnessed by people who are not beneficiaries (or partners of beneficiaries)
If any of this is done incorrectly, the will may be invalid — even if your wishes are clear.
KiwiSaver sits outside your will, but good planning makes sure it still ends up where you expect. Your KiwiSaver balance is generally paid at the discretion of the scheme provider, not under your will. It doesn’t pass directly through your estate unless the provider decides to pay it there. Providers may pay KiwiSaver to one or more dependants (such as a partner or children).