Do you need a will in New Zealand? A plain-English guide

A will is one of those tasks almost everyone agrees is important and almost half of New Zealanders haven't done. Here's a clear look at whether you need one, and what happens if you don't.

Do you need a will?

If you're over 18 and own anything of value — a car, savings, KiwiSaver, a house, or even just belongings you'd want to go to particular people — the answer is almost certainly yes. A will matters most if you:

• Have children, especially young ones — a will is where you can nominate a guardian.
• Own property, or own assets in your sole name.
• Have a blended family, a partner you're not married to, or anyone who depends on you.
• Want specific things to go to specific people or charities.

What happens if you die without a will?

If you die without a valid will, you die intestate. Your estate is then divided according to a fixed formula in the Administration Act 1969 — not according to what you would have chosen.

For example, if you have a partner and children, your partner does not automatically inherit everything. The estate is split by a set formula between them. If you're in a de facto relationship, or estranged from family, the legal outcome can be very different from what you'd expect or want. Sorting out an intestate estate is also slower and more stressful for the people you leave behind.

What makes a will valid in New Zealand?

For a will to be legally valid, it generally must be:

1. In writing.
2. Signed by you (the will-maker), with the clear intention that this document is your will.
3. Witnessed by two people who are present at the same time when you sign, and who then sign themselves.

Crucially, your witnesses must not be people who benefit from the will (or their spouses). A gift to a witness can be void, even if the rest of the will stands.

A court can sometimes validate a will that doesn't tick every box, but you don't want to rely on that. Getting the signing and witnessing right is what makes the difference.

Do you need a lawyer?

Not always. For straightforward situations, a well-drafted will you complete yourself and sign correctly is valid and effective. For more complex situations — trusts, blended families, business interests, or potential disputes — it's worth getting legal advice.

Where to start

Afterword lets you create a draft will for free, with plain-English questions and clear guidance on how to sign and witness it so it's valid. You can save it and come back any time.

This article is general information, not legal advice. For advice on your specific situation, talk to a lawyer.