Estate planning in New Zealand: wills, enduring powers of attorney, trusts and who gets what

Written by Henry Smith · Reviewed by Smiths Insurance & KiwiSaver, licensed Financial Advice Provider (FSP712931) · Updated 2026-09-09 · Reviewed annually, or sooner if the rules it describes change.

Estate planning in New Zealand has no single legal checklist, but the order that avoids the most common mistakes is consistent: make a valid will, understand intestacy if you never get around to one, weigh a testamentary trust, check how a relationship affects what you can leave, and confirm who your life insurance actually pays, since it does not always follow the will (Wills Act 2007, retrieved 9 September 2026).

The checklist, in order

Each step below links to a dedicated guide with the full detail, figures and sources.

Make a will. It can cost as little as $69 online, or nothing through our own free will service. See making a will in NZ.
Decide between a template, a free service, or a lawyer, based on how complex your situation actually is. See will templates in NZ.
Understand what happens without a will. New Zealand's intestacy rules give a spouse or partner a fixed $155,000 plus a share, and unmarried partners of under 3 years or stepchildren can be left out entirely. See dying without a will in NZ.
Consider a testamentary trust if you have young children or a vulnerable beneficiary. See testamentary trusts in NZ.
Check how a relationship affects your estate. The Property (Relationships) Act splits relationship property equally after 3 years, regardless of what a will says. See the Property (Relationships) Act in NZ.
Check who your life insurance actually pays. It often bypasses your will entirely, depending on ownership and your specific insurer's wording. See who gets your life insurance payout in NZ.
Set up an enduring power of attorney for while you are alive but unable to manage your own affairs; see our separate enduring power of attorney and insurance guide, since this cluster focuses on planning for after death.

Every guide in this cluster, at a glance

The table below lists every page in this cluster with the single figure it answers, so you can jump straight to the one you need.

Guide	The figure it answers
Making a will in NZ	$69 online through Public Trust, to $2,500+ for a complex estate
Will templates in NZ	Roughly $30 to $80 for a DIY template, or free through QuoteHub
Dying without a will in NZ	A spouse or partner gets $155,000 plus a share, fixed by law
Testamentary trusts in NZ	Typically $1,500 to $3,000 added to a will's cost
The Property (Relationships) Act in NZ	Equal sharing after 3 years together
Who gets your life insurance payout in NZ	Depends on ownership first, not automatically your will

(Each figure sourced and dated on its own guide; see the References section of this page and each linked guide.)

Who to use for what

Different parts of estate planning suit different providers, and the right choice depends on how complex your situation is:

If you need...	A good starting point
A simple will, single person or straightforward couple	QuoteHub's free will service, or Public Trust's Basic Online Will ($69)
A will with a business, trust, or blended family	A law firm, or Public Trust's Comprehensive tier ($159 to $271)
A testamentary trust	A law firm; see testamentary trusts in NZ
A contracting-out (prenup-style) agreement	A family lawyer with independent advice for each partner
Probate or letters of administration	A law firm or Public Trust; see probate in NZ

Source: Public Trust and PK Law pricing, retrieved 9 September 2026.

Wills, answered plainly

What is the average cost of a will in NZ?

Published prices range from $69 for a basic online will through Public Trust to $750 for a simple lawyer-drafted will, rising to $1,500 to $5,500 or more once a business, trust or blended family is involved (Public Trust and PK Law pricing, retrieved 9 September 2026). See our making a will in NZ guide for the full comparison, or try our own free will service.

What are the requirements for making a will in New Zealand?

A will must be in writing, signed by you, and witnessed by at least 2 people present together when you sign or acknowledge your signature, who then each sign it themselves in your presence too (Wills Act 2007, s11, retrieved 9 September 2026). You must be 18 or over, with narrow exceptions.

Can I write my own will in NZ?

Yes, a DIY will can be legally valid if signed and witnessed correctly, but Public Trust's own senior solicitor warns an unclear DIY will can end up "like not having a will at all" (Public Trust, DIY will kits, retrieved 9 September 2026). See our will templates in NZ guide for exactly when a template is and is not enough.

Can I make a will for free in NZ?

Yes. QuoteHub's own free will service costs nothing, and a printed or downloaded DIY template costs roughly $30 to $80 as a paid alternative (Public Trust, DIY will kits, retrieved 9 September 2026).

Should bank accounts be mentioned in a will?

You do not need to list every account for a will to be valid, but naming significant assets, including which accounts exist, generally makes administration faster for your executor (Public Trust and law firm guidance, retrieved 9 September 2026). See our making a will in NZ guide for what else to include.

Who is not allowed to be an executor of a will?

The Wills Act 2007 does not list disqualified categories directly, but practically a person under 18 cannot act, and someone with a clear conflict of interest, such as being a witness to the will, is generally best avoided (general legal practice guidance, retrieved 9 September 2026). See our making a will in NZ guide for how to choose an executor.

Dying without a will, answered plainly

Who inherits if no will in NZ?

It depends who survives: a spouse or partner with no children or parents takes everything; a spouse or partner with children takes personal chattels, $155,000, and a third of what remains, with two-thirds held for the children; and without a spouse, partner or children, parents, then siblings, then more distant relatives inherit in that order (Administration Act 1969, s77, retrieved 9 September 2026). See our dying without a will in NZ guide for the full table.

What happens if a person dies and does not have a will?

Their estate is distributed under the Administration Act 1969's fixed intestacy rules rather than by their own choice, and an unmarried partner of under 3 years or an unadopted stepchild can be left out entirely under this default (Administration Act 1969, s77, retrieved 9 September 2026). A will is the way to avoid this outcome.

How much does probate cost in NZ?

Named firm PK Law publishes $2,500 in fees plus a $269 High Court filing fee for a straightforward probate application, and $3,300 plus disbursements for letters of administration on an intestate estate (PK Law, Pricing, retrieved 9 September 2026). See our probate in NZ guide for the fuller picture.

How much does a probate cost in NZ if there is no will?

PK Law's own published pricing shows letters of administration (the intestate equivalent of probate) costing $3,300 plus disbursements, more than the $2,500 plus filing fee it quotes for a straightforward probate application where a valid will already exists (PK Law, Pricing, retrieved 9 September 2026). This is one of the practical costs of not having a will, on top of losing control over who inherits.

Trusts and relationships, answered plainly

Why would you set up a testamentary trust?

Most commonly to protect an inheritance for children until they are old enough to manage it, to protect a vulnerable beneficiary, or to keep an inheritance separate in a blended family, since a testamentary trust only comes into existence on death and is written into the will itself (Public Trust and PK Law guidance, retrieved 9 September 2026). See our testamentary trust in NZ guide for the full cost and structure.

What is the 3-year relationship rule?

A marriage, civil union or de facto relationship of less than 3 years is generally treated as a "relationship of short duration" under the Property (Relationships) Act 1976, meaning relationship property outside the family home and chattels is divided by contribution rather than automatically equally (Property (Relationships) Act 1976, s2E, retrieved 9 September 2026). See our Property (Relationships) Act in NZ guide for the full rule and its exceptions.

Is an inheritance relationship property in NZ?

Generally not, unless it has been intermingled with shared property to the point that it is unreasonable or impractical to treat it separately, though the family home and chattels are relationship property regardless of how they were acquired, which is a specific exception worth knowing (Property (Relationships) Act 1976, s10, retrieved 9 September 2026).

What are the disadvantages of a testamentary trust?

It adds legal complexity and cost to a will, needs an ongoing trustee once it takes effect, and can slow down and add expense to winding up an estate compared with a simple outright gift (PK Law pricing notes and general trust administration guidance, retrieved 9 September 2026). See our testamentary trust in NZ guide for when it is worth this trade-off.

Can my girlfriend or partner take half my house in NZ?

Potentially, yes, if the relationship is recognised as de facto and has run 3 years or more, since the family home is relationship property and is generally shared equally regardless of whose name is on the title (Property (Relationships) Act 1976, ss8 and 11, retrieved 9 September 2026). A written contracting-out agreement is the way to set different rules by agreement.

Life insurance and your estate, answered plainly

Who gets my life insurance payout if I don't name a beneficiary?

If you are both the policy owner and the person insured with no beneficiary named, the payout generally goes to your estate and follows your will, or the intestacy rules if you have none (Fidelity Life, claims guide, retrieved 9 September 2026). See our who gets your life insurance payout in NZ guide for how five named insurers actually handle beneficiary nominations differently.

Does life insurance go through probate in NZ?

Only if the payout is due to your estate rather than to a named beneficiary or an additional policy owner, in which case your executor generally needs the same proof of authority used to deal with the rest of your estate before the insurer pays out (Fidelity Life, claims guide, retrieved 9 September 2026).

Do beneficiaries pay tax in NZ?

This is a specific tax question our life insurance tax in NZ guide covers directly; this hub does not restate tax rules that depend on the specific policy and circumstances involved.

Do NZ life insurance policies have nominated beneficiaries?

It depends on the insurer. Asteron Life and Fidelity Life both support naming a beneficiary who can be paid directly; nib only allows one where the policy owner and person insured are the same person; and Partners Life instead lets the owner direct payment at claim time (each insurer's own wording, retrieved 9 September 2026). See our who gets your life insurance payout in NZ guide for the full named comparison across five insurers.

This is the snapshot of how five named insurers actually differ, in full detail on the linked guide above:

Insurer	Beneficiary nomination
Asteron Life	Yes, via a Nominated Beneficiary Form
Fidelity Life	Yes, per their own claims guide decision table
nib	Only if policy owner and person insured are the same
Partners Life	Payment directed to nominated recipients at claim time
Chubb Life	Not described in the document checked

Source: each insurer's own policy wording, retrieved 9 September 2026.

Does life insurance go through probate in NZ?

Only if the payout is due to your estate rather than to a named beneficiary or an additional policy owner; in that case your executor generally needs the same proof of authority used for the rest of the estate before the insurer pays out (Fidelity Life, claims guide, retrieved 9 September 2026). See our probate in NZ guide for that process.

Where insurance fits alongside a will

Life insurance and KiwiSaver are the two most common assets that do not automatically follow a will, since both are generally controlled by their own ownership rules first. A KiwiSaver balance generally forms part of your estate and passes under your will or intestacy; check with your provider or govt.nz for how this works, since this hub gives only that one fact, not advice.

QuoteHub's read on getting this right

QuoteHub's read is that the two most expensive estate planning mistakes are the same everywhere: dying without a will, and assuming a life insurance policy will pay out the way you expect without ever checking the policy schedule. Both are fixable in an afternoon, one through our own free will service, and the other with a phone call to your insurer or adviser.

This hub covers making a will, will templates, dying without a will, testamentary trusts, the Property (Relationships) Act and who gets your life insurance payout. For planning while you are alive rather than after death, see our enduring power of attorney and insurance guide. For what happens once someone has died, see our when someone dies cluster, including probate in NZ, how long probate takes, the executor of a will in NZ, debts when someone dies and how a life insurance payout works after death. Our estate planning and insurance guide, our life insurance beneficiaries guide, our life insurance and inheritance guide, our insurance and divorce guide and our insurance for blended families guide go further into related questions. See our life insurance product hub for cover options, try our own free will service, and see how it works and our methodology for how QuoteHub builds its guides.

Financial advice is provided by Craig Smith Business Services Limited, trading as Smiths Insurance & KiwiSaver, a licensed Financial Advice Provider (FSP712931). QuoteHub is a trading name.

Adviser's view

Most people treat a will as the whole of estate planning, then discover it does not control everything: relationship property is generally split under a separate Act regardless of what a will says, and a life insurance payout can go straight to a named beneficiary and bypass the will completely. QuoteHub's view is that a will, a check of your relationship status, and a look at your own policy schedule are three separate tasks, not one.

Henry Smith, Financial Adviser (FSP1010699). General information, not personalised financial advice.

15 pages in this section

Administering a Deceased Estate NZ: Assets, Accounts — An executor's job is to identify, value and collect every asset a deceased person held, and New Zealand law lets institutions pay out estates under $40,000 directly, without any grant of probate, though each institution decides for itself.
Contesting a Will in NZ: Grounds, Cost, Time Limits — New Zealand lets a defined list of family members challenge a will under the Family Protection Act 1955, generally within 12 months of the grant of probate, and filing the claim itself costs nothing.
Dying Without a Will in NZ: Who Inherits (Intestacy Rules) — Without a will, New Zealand law fixes who inherits: a spouse or partner takes the first $155,000 plus a share, and the rest follows a strict statutory order.
Estate Planning NZ: Wills, EPAs and Who Gets What (2026) — New Zealand estate planning in order: make a will, understand who inherits without one, decide if a trust is worth it, and check who your life insurance actually pays.
Family Trust NZ: What It Is, Cost, When to Use One — A family trust is set up and operates while you are alive, transferring assets to trustees who hold them for named beneficiaries under the Trusts Act 2019, and it typically costs from $818 to establish and more to fully fund.
Inheritance Tax NZ: Why New Zealand Doesn't Have One — New Zealand abolished estate duty for deaths from 17 December 1992 and gift duty from 1 October 2011, so an inheritance itself is not taxed, though the estate and any later sale of inherited property can still create tax.
Making a Will in NZ: Cost, Options and What to Include — A New Zealand will can cost as little as $69 online or run past $2,500 with a lawyer for a complex estate, and every valid will needs the same two witnesses.
Next of Kin NZ: What It Means and Who It Is — New Zealand law does not give 'next of kin' a fixed legal definition or automatic powers; it is generally treated as your nearest living relative in an order the courts draw from the Administration Act 1969.
Power of Attorney Misuse NZ: Signs, What to Do — Financial abuse, including misuse of an enduring power of attorney, is one of the most common forms of elder abuse reported in New Zealand, and the Family Court can remove or suspend an attorney who has crossed the line.
Power of Attorney NZ: Types, Cost, How to Set One Up — New Zealand recognises two very different kinds of power of attorney, and the one most people actually need, the enduring power of attorney, must be witnessed by a lawyer, legal executive or trustee corporation to be valid.
Public Trust Wills NZ: Cost, Process, Alternatives — Public Trust, New Zealand's oldest trustee corporation, prices its online wills from $69 to $159 with a free yearly update, and separately charges to administer an estate if named executor.
Relationship Property Act NZ: The 50/50 Rule Explained — New Zealand's Property (Relationships) Act 1976 splits relationship property equally once a couple has lived together 3 years, with exceptions for shorter relationships.
Testamentary Trust NZ: What It Is, Cost and When to Use One — A testamentary trust is written into a will and only takes effect on death, typically adding $1,500 to $3,000 to the cost of drafting a New Zealand will.
Who Gets Your Life Insurance Payout in NZ? Beneficiaries — A New Zealand life insurance payout is not automatically controlled by your will. It follows policy ownership first, and only some insurers let you name a beneficiary.
Will Template NZ: Free Options and When a Template Fails — A New Zealand will template can be legally valid, but Public Trust's own solicitor warns that an unclear DIY will can end up treated as no will at all.

Compare your cover with a licensed NZ adviser · free, no obligation.

Cite this page QuoteHub NZ (2026). Estate Planning NZ: Wills, EPAs and Who Gets What (2026). www.quotehub.co.nz/guides/estate. Updated 2026-09-09.