Wills and Estate Planning in New Zealand 2026 — Getting Your Affairs in Order

Most people avoid making a will because it forces them to think about death. The result: the law decides who gets your assets — and it rarely matches what you would have chosen.

What Happens if You Die Without a Will

Intestacy means dying without a valid will. The Administration Act 1969 sets out how your estate is distributed:

Common problems with intestacy:

• A de facto partner may not be recognised as a “spouse” — depends on length of relationship and circumstances
• Adult stepchildren get nothing
• Close friends get nothing
• Specific wishes about who gets what are ignored
• If you have young children, the court appoints a guardian — which may not be your choice

What a Will Does

A valid will:

• Names your beneficiaries — who gets what
• Names your executor — the person responsible for administering your estate
• Names a guardian for minor children (non-binding on a court, but highly persuasive)
• Expresses wishes about funeral arrangements (not legally binding, but helpful)
• Can include specific bequests (particular items to particular people)

How to Make a Will in NZ

Recommended: Use a lawyer

Cost: $200–$500 for a straightforward will. More for complex estates.

A lawyer ensures:

• The will is validly executed (signed, witnessed correctly)
• Your intentions are clearly expressed
• Potential issues (Family Protection Act claims, trust structures) are flagged
• The will is stored safely or you’re advised to do so

DIY options

Kit sets (from Whitcoulls and similar) allow simple wills but have higher risk of invalid execution or ambiguity. Not recommended if you have complex assets, a blended family, or significant estate.

Online will services also exist — quality varies. Ensure any online service uses NZ-qualified lawyers.

Execution requirements

A will in NZ must be:

• In writing
• Signed by you
• Witnessed by two independent witnesses who are present when you sign, and who are not beneficiaries (and not their spouse/partner)

A will that fails these requirements is invalid.

The Executor Role

The executor is the person you appoint to administer your estate after death. Their responsibilities:

• Apply for probate (court authority to deal with the estate) if required
• Locate and notify beneficiaries
• Pay outstanding debts and taxes
• Sell or transfer assets according to the will
• Distribute the estate

Being an executor is significant work. Choose someone organised, trustworthy, and ideally younger than you. Tell them they’ve been named. Banks, solicitors, and trustee companies can also act as professional executors (for a fee).

What a Will Cannot Control

KiwiSaver: KiwiSaver does not pass via your will. It goes to your nominated beneficiary on your KiwiSaver account, or — if no nomination — to your estate. Your nomination overrides your will.

Action: Log in to your KiwiSaver account and check (or set) your beneficiary nomination. This is especially important after relationship changes.

Joint tenancy property: If you own property as joint tenants with another person, your share passes to the surviving owner automatically — not through your will.

Insurance policies with beneficiaries: Life insurance with a named beneficiary passes outside the estate.

Trust assets: Assets held in a trust are not part of your estate and are not distributed via your will.

Family Protection Act Claims

Having a will does not mean your estate is automatically protected from claims. Under the Family Protection Act 1955, certain people can claim against your estate if they believe you had a moral duty to provide for them and failed to do so.

Eligible claimants include:

• Spouse or civil union partner
• De facto partner (in a qualifying relationship)
• Children (including adult children)
• Parents (in limited circumstances)

If you intend to exclude a child from your will or leave significantly unequal amounts, take legal advice — these situations are high-risk for Family Protection Act claims.

Enduring Power of Attorney (EPA)

A will only operates after death. For decisions during your lifetime if you lose capacity, you need an Enduring Power of Attorney (EPA).

There are two types:

• EPA for Property and Financial Affairs — lets your attorney manage finances, property, and business
• EPA for Personal Care and Welfare — lets your attorney make medical and personal decisions

→ Full guide: Enduring Power of Attorney in NZ

When to Update Your Will

Review your will after every significant life event:

• Marriage or civil union (in NZ, marriage generally revokes a previous will made before marriage — get legal advice)
• Divorce or separation
• Birth or adoption of children
• Death of a beneficiary or executor
• Major changes in assets or finances
• Moving overseas

Good practice: review your will every 3–5 years even without major events.

Estate Planning Checklist

Use this to confirm your affairs are in order:

• Valid, signed will in place
• Executor named and knows they’re appointed
• Guardian named for minor children
• KiwiSaver beneficiary nomination updated
• Enduring Power of Attorney (Property) in place
• Enduring Power of Attorney (Personal Care) in place
• Life insurance beneficiaries up to date
• Family/partner knows where the will is stored
• Funeral wishes documented (even if not in the will)
• Passwords/digital assets information secured and accessible

Key Resources

• New Zealand Law Society — find a NZ-qualified solicitor (lawsociety.org.nz)
• Public Trust — trustee services, will-making, executor services
• Citizens Advice Bureau — free initial advice on wills and estates
• Community Law Centres — free legal advice

Next Steps

1. If you don’t have a will: book an appointment with a lawyer this month — it takes 1–2 hours
2. Check your KiwiSaver beneficiary nomination (log in to myIR or your provider)
3. Have a conversation with your intended executor to confirm they’re willing
4. Set up both types of EPA if you haven’t — before you need them

→ Related: Enduring Power of Attorney NZ | Aged Care Costs NZ | Retirement Hub