How Wills actually work

Generally anyone 18 or over who understands what they're doing. People under 18 can make one if they are married, in a civil union, or in a de facto relationship (and in some other limited situations).

Under the Wills Act 2007 it must be in writing, signed by you (the will-maker), and your signature must be witnessed by two people who are both present at the same time. Those witnesses then sign too.

It's strongly discouraged. A gift to a witness (or their partner) is generally void, even though the Will itself can still be valid. Always choose witnesses who receive nothing under the Will.

Yes. Under the Family Protection Act 1955, close family (including children) can claim if they believe they haven't been adequately provided for. You can't always fully disinherit someone; getting advice helps reduce disputes.

You die 'intestate' and the Administration Act 1969 decides who inherits by a fixed formula. Someone must be appointed by the court to administer the estate, which usually takes longer and costs more.

For a straightforward estate you can prepare a Will yourself. For trusts, businesses, farms, overseas assets, blended families or likely disputes, professional advice is well worth it.

In this app your answers stay in your own browser on your device. Nothing is sent to a server. When you're ready, you download a personalised preparation checklist (and an optional blank Will template) to help you write, print, sign and witness your own Will — the app produces a checklist, not the Will itself.

An executor is responsible for finding the Will, securing assets, obtaining probate (if needed), paying debts, taxes, and funeral costs, and distributing gifts to beneficiaries. While executors don't pay debts from personal funds, they can be held personally liable if they distribute assets before paying all debts or before the 6-month claim safety window after probate has passed. Executors can hire lawyers or accountants paid from the estate.

Probate is a High Court order confirming that the Will is valid and authorizing the executor to act. In New Zealand, probate is legally required if the deceased owned land or real estate (in their name alone or as tenants in common), or held more than $15,000 in any single asset class with a single institution (such as a bank account, KiwiSaver, or shares).

The executor must make all reasonable and exhaustive efforts to find missing beneficiaries (via public records, social media, family, or genealogists). If they cannot be located, the executor cannot simply reallocate their share. To avoid personal liability, the executor can pay the funds to Public Trust to hold in trust, apply for a High Court 'Benjamin Order', or buy missing beneficiary insurance.

If you appoint two or more executors (co-executors), then unless the Will says otherwise they are expected to act jointly: major decisions are made together, legal documents are usually signed by all of them, and they all owe the same duties to the beneficiaries — one can't override another just for being older or more involved. In practice one co-executor often handles the day-to-day work while keeping the others informed, but all remain legally responsible and should approve important decisions. Because disagreement can stall things, many people instead appoint one primary executor plus one substitute (backup) executor.

They cover different situations, so most adults benefit from both. A Will only takes effect after you die and sets out how your estate is distributed. An Enduring Power of Attorney (EPA) applies while you're alive but unable to make decisions — for example through illness, injury or dementia — and lets someone you trust act for you; it ends when you die. There are two types of EPA in New Zealand: Property (your finances and property) and Personal Care and Welfare (your health and personal care, which only takes effect if you lose mental capacity). Without an EPA, your family may have to apply to the Family Court to manage your affairs, which can be slow and costly. For most people a valid Will plus both types of EPA is considered good estate planning. An EPA is a separate document from your Will — you'd usually set one up with a lawyer, trustee company or Public Trust.

There are broadly four routes, and the best one depends on how complex your estate is (rough 2026 guide — prices and providers change). Free/DIY: write your own or use a free online service like EveryWill, best for simple estates that are correctly signed and witnessed; Community Law Centres help for free if you're eligible. Paid online (around $69–$271): guided services such as Public Trust's online Will, Footprint or Gathered Here, often with storage and updates. Lawyer or trustee company (around $500–$1,500+): the most robust option, and the right choice for trusts, businesses, blended families, overseas assets or likely disputes. This is general information, not an endorsement of any provider.