A will is one of the most important legal documents you will ever sign. In South Auckland, where many families have blended structures, intergenerational living arrangements, and diverse asset profiles, a properly drafted will is essential to ensure your estate is administered according to your wishes rather than default statutory rules.

This article sets out the key legal requirements and practical considerations under New Zealand law.

Why does having a will matter in New Zealand?

If you pass away without a valid will (intestate), your estate is distributed under the fixed statutory order in the Administration Act 1969, regardless of your family circumstances or personal wishes. That order often produces outcomes families do not expect, particularly in blended families, de facto relationships (unmarried partners living together), and multi-generational households.

Typical issues include:

• De facto partners needing to bring legal claims to establish their entitlement.
• Stepchildren receiving nothing unless formally adopted.
• No provision for friends, carers, or charitable intentions.
• Loss of control over culturally significant or personal assets.

What are the legal requirements for a valid will in New Zealand?

Under the Wills Act 2007, a valid will must be in writing, signed by the will-maker, and witnessed by two independent witnesses who are present at the same time and who sign in the will-maker's presence (section 11). A beneficiary, or their partner, cannot be a witness.

Key additional rules:

• Witnesses (and their partners) cannot benefit under the will.
• The will-maker must have legal capacity and understand the effect of the document.
• Marriage generally revokes an existing will unless the will was made in contemplation of that marriage (section 18 of the Wills Act 2007).

A failure to comply with these rules can render a will invalid.

Witnessing errors are one of the most common reasons wills are challenged. Mistakes include using a beneficiary as a witness or having witnesses sign the will separately instead of together. These simple errors are avoidable but can cause significant problems for families later.

— Brijesh Sandhu, Solicitor, Rice Craig Barristers and Solicitors

What should a properly structured will include?

A properly drafted will names the beneficiaries in full, lists the will-maker's assets and liabilities, sets out clear distribution provisions, appoints an executor and a substitute, and appoints guardians for any minor children. It should anticipate points of dispute and address the specific needs of the will-maker and their family. At a minimum, it should include:

• The full legal name of each beneficiary.
• All assets and liabilities, including property, other investments, business interests, and digital assets.
• Clear asset distribution provisions.
• Appointment of an executor and a substitute executor.
• Guardian appointments for minor children, if applicable.
• Funeral or burial instructions, where relevant.

Ambiguity is one of the most common drivers of estate disputes, and careful drafting on a case-by-case basis helps avoid that risk.

How do you make a will at Rice Craig, step by step?

Making a will at Rice Craig runs in eight steps. First, list all your assets and liabilities, noting how each is owned. Next, decide who will benefit, naming each beneficiary in full. You then appoint an executor to administer your estate, plus a substitute. From there, a solicitor drafts the will to comply with the Wills Act 2007 and reflect your circumstances, after which you sign it in front of two independent witnesses. Finally, the original is stored safely, and you review it whenever a major life event, such as marriage, divorce, or a new child, occurs.

1. Identify your assets: compile a full list of your assets and liabilities. Record each property by address and note whether it is owned personally, jointly, or through a trust.
2. Decide who will benefit: identify each beneficiary by their full legal name. Stepchildren should be expressly named, as they are not automatically entitled to inherit under New Zealand law. If family members or assets are overseas, the will should include appropriate provisions for those circumstances.
3. Appoint an executor: your executor administers your estate, pays outstanding debts, and distributes assets according to your wishes. Choose someone you trust, and appoint a substitute in case your first choice is unable or unwilling to act.
4. Nominate a guardian for minor children: for parents of young children this may be the most significant decision. Consider who shares your values, has a close relationship with your children, and can take on the responsibility, as well as their age, health, financial position, location, and willingness to act.
5. Have the will professionally drafted: a solicitor can ensure your will complies with the Wills Act 2007 and reflects your family circumstances, asset structure, and personal wishes, minimising the risk of ambiguity or future disputes.
6. Sign the will correctly: your will must be signed in the presence of two independent witnesses who are both present at the same time, and who are not beneficiaries (or partners of beneficiaries).
7. Store the original safely: once signed, the original should be stored securely. Rice Craig stores original wills in its secure on-site archive at 8–10 Queen Street, Papakura. Tell your executor where the original is and provide them with a certified copy.
8. Review your will regularly: review your will whenever a significant life event occurs, including marriage, separation, divorce, the birth of a child, or a substantial change to your assets. Marriage generally revokes an existing will unless it was made in contemplation of that marriage.

Will or trust: which is best for asset protection?

A will and a trust are separate legal tools designed for different purposes, and for most families they are complementary rather than alternatives. A will takes effect on your death and governs how your assets are distributed; a trust can operate during your lifetime and may offer some protection from creditors and relationship property claims, and can allow trust assets to pass outside the probate process.

That protection is not guaranteed. The courts can and do look through trust structures, including under sections 44, 44C, and 44D of the Property (Relationships) Act 1976, where a trust has been used to defeat a claim or has not been genuinely maintained. Even where a trust is in place, a will remains essential to deal with assets outside the trust, appoint executors and guardians, and record your personal wishes. Because tax and structuring questions depend on your circumstances, legal advice, together with your accountant's input, should guide the right structure for you.

Families in Drury and Takanini who hold multiple investment properties often benefit from holding assets in a trust, with a will providing the necessary backup layer for anything outside it.

— Brijesh Sandhu, Solicitor, Rice Craig Barristers and Solicitors

Frequently Asked Questions

How often should I update my will?

There is no legal requirement to update your will at set intervals, but it is sensible to review it every three to five years or whenever a major life event occurs. Common triggers include marriage, separation, divorce, the birth of children or grandchildren, buying property, starting a business, or receiving a significant inheritance.

Can I leave someone out of my will?

In many cases, yes, but certain family members may still be able to claim against your estate after your death under the Family Protection Act 1955. This can include spouses, partners, children, and sometimes other dependants. Whether a claim is likely to succeed depends on the specific family relationship and circumstances.

Can stepchildren inherit under my will?

Yes, but stepchildren should be specifically named as beneficiaries. Unlike biological or legally adopted children, stepchildren generally do not have automatic inheritance rights under New Zealand succession law, so a will that does not name them may leave them with nothing.

What happens if my executor cannot act?

A well-drafted will appoints a substitute executor for exactly this situation. If no replacement is named and the appointed executor is unable or unwilling to act, the Court may need to appoint someone else to administer the estate, which can create additional cost and delay.

Do I need a new will if I move overseas?

Possibly. If you acquire assets overseas or become permanently resident in another country, your estate planning should be reviewed. Different countries have different succession laws, and a separate will may sometimes be appropriate for overseas assets.

Can I leave instructions about my funeral in my will?

You can include funeral wishes in your will, but a will is often not read until after the funeral has already been arranged. If you have strong preferences, communicate them directly to your family and executor during your lifetime as well as recording them in the will.

What happens to my digital assets when I die?

Digital assets can include online banking, cryptocurrency, social media, cloud storage, digital photos, and email. Your executor may struggle to access these without records, so it is advisable to keep an inventory of important accounts and how they can be accessed, stored separately from the will itself.

Can a will be challenged?

Yes. Even a properly drafted will can be challenged under New Zealand legislation such as the Family Protection Act 1955. Common disputes arise where family members believe they were not adequately provided for, or where there are concerns about the will-maker's capacity or undue influence at the time the will was made.

What if I own property jointly with someone else?

Jointly owned property does not always pass under a will. Property held as joint tenants passes automatically to the surviving owner by survivorship, so it may not form part of the estate available for distribution under the will. Property held as tenants in common is different and can pass under the will.

Is a handwritten will valid in New Zealand?

A handwritten will may be valid if it complies with the requirements of the Wills Act 2007, including proper signing and witnessing. However, homemade wills frequently contain drafting errors, ambiguities, or witnessing defects that can create difficulties for executors and beneficiaries later.

What is probate and will my estate need it?

Probate is the court process that confirms a will is valid and authorises the executor to administer the estate. Whether probate is required depends on the nature and value of the assets. Banks, investment providers, and Land Information New Zealand often require probate before assets can be transferred.

Can I give specific items to particular people?

Yes. A will can leave specific gifts such as jewellery, family heirlooms, vehicles, cultural taonga, artwork, or sentimental items to named beneficiaries. Clear drafting is important to avoid uncertainty about who is entitled to receive each particular item.

What is the consequence of failing to nominate a guardian for my minor children?

If you fail to name a guardian, the Family Court decides guardianship based on the child's best interests under the Care of Children Act 2004. That court process can take months and may involve extended family members making competing applications, causing acute distress during an already difficult time.

Is a lawyer required to make a will in New Zealand?

No, a lawyer is not legally required, but errors in self-prepared wills are common and can have serious consequences. Unsigned, unwitnessed, or ambiguous wills can require High Court intervention to admit to probate, resulting in significant cost and delay to the estate.

We live in a multi-generational home in Manurewa where several family members contributed to the property. How does that affect my will?

Where several family members have contributed to a home, your will should be clear about who owns what and how the property is to pass, because contributions can create claims even where a person is not on the title. In multi-generational South Auckland households this is a common source of dispute, so setting out ownership and intentions clearly, alongside any trust or co-ownership documents, reduces the risk of a later claim.

This article is intended for general information purposes only and does not constitute legal advice. For advice specific to your circumstances, please contact the team at Rice Craig.