How to Make a Will in New Zealand 2026
Imagine this: you've worked hard your whole life, saved for that family home, built up your KiwiSaver, and now you're ready to enjoy retirement. But what if something unexpected happens? Without a pro...
Emma writes about health, wellbeing, and ACC topics for Lifetimes NZ. She translates complex health information into clear, actionable advice for New Zealand readers.
Imagine this: you've worked hard your whole life, saved for that family home, built up your KiwiSaver, and now you're ready to enjoy retirement. But what if something unexpected happens? Without a proper will, your assets could end up distributed by strict government rules rather than going to the people you love most. In New Zealand, about 50% of adults don't have a will, leaving their families to navigate a maze of legal headaches and potential disputes.[5] Making a will in 2026 is simpler than ever, and it's your best way to secure your legacy.
This guide walks you through everything you need to know about how to make a will in New Zealand in 2026 – from legal requirements to practical tips tailored for Kiwis. Whether you're a young parent appointing guardians, a retiree protecting your superannuation, or anyone in between, we'll cover the steps to get it right.
Why Every Kiwi Needs a Will in 2026
While it's not legally required to have a will in New Zealand, dying without one – known as dying intestate – means your estate follows the rigid rules of the Administration Act 1969.[1] This could see your hard-earned assets divided in ways that don't match your wishes, like your partner getting only a share while the rest goes to children or even distant relatives.
A well-crafted will lets you:
- Choose exactly who gets your assets, from your house to personal items.
- Appoint trusted guardians for tamariki (children) under 18.
- Name an executor to handle everything smoothly.
- Minimise family arguments and legal costs.
Life changes fast here in Aotearoa – think marriage, buying a bach, or growing your KiwiSaver balance. With the massive $1.6 trillion intergenerational wealth transfer projected by 2050, now's the time to act.[5] Even if your estate is modest, the new probate threshold makes planning easier (more on that later).
Legal Requirements for a Valid Will in New Zealand
Under the Wills Act 2007, creating a legally binding will is straightforward but must meet strict criteria to avoid court challenges.[1][3][4] Get this wrong, and your document might not hold up, as seen in cases like Robinson v Beaman where incomplete wills were invalidated.[4]
Who Can Make a Will?
Anyone 18 or older with sound mind can make a will. If you're under 18 but married or in a civil union, you're also eligible.[6] No need for wealth or complexity – it's for every Kiwi.
Key Formalities for Validity
To be valid, your will must:
- Be in writing – handwritten, typed, or even drafted online.[3][4]
- Be signed by you at the end, with the date.[1][3]
- Have two witnesses present together who watch you sign, then sign themselves. Crucially, witnesses (or their spouses/partners) can't be beneficiaries.[1][3][4]
Electronic signatures? Not yet standard for wills – stick to wet ink for safety. Courts can sometimes validate non-compliant documents under section 14 if they clearly show your intentions, but don't risk it.[4]
Step-by-Step Guide: How to Make Your Will
Ready to get started? Follow these practical steps for 2026.
Step 1: Inventory Your Assets and Debts
List everything: your home, KiwiSaver (now often releasable without probate if under $40k), bank accounts, cars, shares, superannuation, and even sentimental items like family jewellery. Note debts like mortgages or IRD liabilities. This ensures nothing's overlooked.[2]
Step 2: Decide on Beneficiaries and Gifts
Be specific. "My house to my spouse" or "KiwiSaver to my kids equally." Consider blended families common in NZ – clearly state shares to avoid Property (Relationships) Act claims. For vulnerable beneficiaries, set up conditions like trusts.[1]
Step 3: Choose Your Executor
Pick someone reliable – a spouse, adult child, or trusted friend. Name a backup too. They'll pay bills, apply for probate if needed, and distribute assets. Discuss it with them first; it's a big job.[7]
Step 4: Appoint Guardians (If You Have Kids)
If you have tamariki under 18, naming guardians prevents Family Court battles. Consult the other parent if possible.
Step 5: Draft the Will
- DIY Option: Use online templates or write your own – legal if formalities are met.[3]
- Lawyer-Drafted: Best for complexity. Costs $300-800 for singles, $500-1,200 for couples. Many firms offer online services with lawyer review.[3]
Pro tip: Store originals safely, like with Public Trust or a lawyer, and tell your executor where copies are.
Step 6: Sign and Witness
Do this in person with two impartial witnesses (neighbours work great). No beneficiaries!
DIY vs Professional Wills: What's Best for You?
| Option | Pros | Cons | Cost (2026 est.) |
|---|---|---|---|
| DIY/Home-Made | Free or low-cost; quick | Risk of errors; invalidation | $0-100 (templates) |
| Online with Lawyer Review | Affordable; legally checked | Still needs in-person signing | $200-500 |
| Full Lawyer Service | Tailored advice; dispute-proof | Higher cost; time | $500-2,000+ |
DIY suits simple estates under the $40,000 probate threshold. For property, businesses, or farms, see a lawyer.[1][2]
When Do You Need Probate in 2026?
Great news: From 24 September 2025, the probate threshold jumped to $40,000.[2] No High Court order needed if:
Banks, KiwiSaver providers, and insurers can release funds with a death certificate, ID, and proof of relationship – often in weeks.[2] Probate (or Letters of Administration) is still required for houses, big investments, or disputes. Check the Ministry of Justice tool first.[7]
Updating Your Will: Key Life Events
Review every 3-5 years or after big changes:[1]
- Marriage (revokes most wills automatically).
- Divorce/separation.
- Births, deaths, or adoptions.
- Asset windfalls like inheritances.
- Moving to or from NZ.
Make a new will to revoke the old one, or add a codicil (same signing rules).