Can I write my own will in New Zealand without a lawyer?
Yes. Under the Wills Act 2007 you can write your own will. You do not need a lawyer to prepare a valid will in New Zealand. The key requirements are that you are at least 18 years old, that you sign the will in the presence of two witnesses, and that both witnesses sign in your presence.
Who can witness my will in New Zealand?
Any person aged 18 or over who is not a beneficiary under the will and not married to or in a civil union with a beneficiary can be a witness. Using a beneficiary as a witness does not invalidate the will itself but can invalidate the gift to that beneficiary.
What must a valid will include under the Wills Act 2007?
A valid will must be in writing, signed by the testator, and witnessed by two independent witnesses who sign in the testator's presence. It should identify your executors, list your assets and how you want them distributed, and name guardians for any minor children.
What happens if I die without a will in New Zealand?
Dying intestate in New Zealand means your estate is distributed according to the Administration Act 1969. Your assets pass to your spouse or partner first, then children, then other family members according to a set order. Your wishes are not taken into account and the process can be slow and costly for your family.
Does a will need to be registered or notarised in New Zealand?
No. A will does not need to be registered or notarised to be valid in New Zealand. However, storing it safely is important. You can store it with Public Trust, your bank, or a solicitor, or in a safe location known to your executor.
What is the role of Public Trust in New Zealand will writing?
Public Trust is a New Zealand Crown entity that offers will writing, storage, and executor services. They can prepare a basic will at a fixed cost or act as your executor. Using Public Trust is optional — you can write your own will and appoint any trusted adult as executor.
Can I update or revoke my will after I make it?
Yes. You can revoke your will at any time while you have mental capacity by making a new will that expressly revokes the old one, physically destroying the old will, or by signing a written revocation. Marriage and civil union automatically revoke a will made before that relationship under the Wills Act 2007.
What is a Family Protection Act claim and how does it affect my will?
The Family Protection Act 1955 allows certain family members — including a spouse, civil union partner, de facto partner, and children — to challenge a will if it fails to make adequate provision for them. Courts can override your will if a successful claim is made, so it is worth planning carefully.
Can I make a will if I am seriously ill or in hospital?
Yes. A will made while seriously ill is valid if you have testamentary capacity — meaning you understand what a will is, the nature of your assets, and the people who might expect to benefit. Courts may also accept a document as a will under the Wills Act 2007 even if it does not meet all formal requirements, if it clearly reflects your intentions.
How does uplaw.ai help with will writing in New Zealand?
Describe your situation in the chat — your family structure, assets, and wishes. uplaw.ai will guide you through the Wills Act 2007 requirements, help you draft the key clauses of your will, and explain what witnesses you need to make it legally valid in New Zealand.
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