How to make a will in New Zealand

Written by Henry Smith · Reviewed by Smiths Insurance & KiwiSaver, licensed Financial Advice Provider (FSP712931) · Updated 2026-10-20 · Reviewed quarterly, when the underlying data is restated.

To make a legally valid will in New Zealand you must be 18 or over (with narrow exceptions), and the will must be in writing, signed by you, and signed in front of at least two witnesses who are present together with you (Wills Act 2007, s11). Public Trust's online wills cost $69, $99 or $159 (prices as of 2 October 2025), and one Auckland law firm charges $750 plus GST for a simple will. This page is general information, not legal advice.

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A will is a document that says who inherits your property when you die and who will carry out your wishes. A valid will lets your executor go to the High Court for probate where one is needed, and it keeps the intestacy rules from deciding for you. It does not control everything: a life insurance payout, a joint bank account and assets held in a trust each follow their own rules, covered below.

Is it valid? The Wills Act 2007 checklist

Requirement	Section	Where people go wrong
You are 18 or over, with narrow exceptions (married, civil union, de facto, Family Court approval, military or seagoing service)	ss 9 and 10	Assuming a teenager can make a will
The will is in writing	s11	Relying on a spoken wish or a text message
You sign it, or someone signs at your direction in your presence	s11	Signing in a different room, or leaving it unsigned
At least two witnesses are together in your presence when you sign or acknowledge your signature	s11	Collecting one witness at a time
Each witness signs in your presence	s11	A witness signing later
A gift to a witness, or to a witness's spouse or partner, is void unless an exception applies	s13	Asking a beneficiary or their partner to witness

Two corrections to common advice. First, there is no general rule that witnesses must be "independent". Your executor may witness the will, and a witness does not need to know it is a will (section 12). Second, the risk with a beneficiary as witness is that the gift to them, or their spouse or partner, is void. The exceptions are: at least two other unconnected witnesses signed; the gift repays a debt; everyone who would benefit from voiding it consents in writing; or the High Court is satisfied you knew and approved the gift. The simple way to avoid the problem is to use two people who gain nothing under the will.

If a document fails these rules, the High Court may still validate an informal document that clearly expresses your wishes (section 14), but that is a court application with no guarantee, paid for by your family at the worst time. A will can also create a trust, such as a testamentary trust for young children (section 8(4)); see testamentary trusts in NZ.

What a will costs

There is no single price. It depends on the provider and how complicated your estate is.

Public Trust prices its online wills at $69 (Basic), $99 (Standard) and $159 (Comprehensive), with a mirror will for a partner from $66 extra, plus a $68 signing appointment with a Public Trust representative. Online prices are as of 2 October 2025 (Public Trust: Online wills); the signing fee is from its will pricing page, retrieved 20 October 2026. The tiers, the executor fees and how Public Trust compares are in our Public Trust wills guide.

PK Law (Auckland), excluding GST	Single	Couple	Covers
Complexity 1	$750	$1,250	Simple estate: family home, bank accounts
Complexity 2	$1,500	$2,750	Interests in active companies, businesses or trusts, digital assets, blended families, or excluding people entitled under the law
Complexity 3	$2,500	from $4,450	Some of the complexity 2 issues together and/or donor-capacity issues
Cross-border	$2,500 to $5,500		Assets held in other countries

Source: PK Law pricing, retrieved 20 October 2026. Industry estimates from lawyerfinder.co.nz (page updated January 2026) put a simple will at $300 to $600 and a will with a testamentary trust at $1,500 to $3,000. QuoteHub also offers a no-cost free will as a starting point. Whichever route you take, the same signing and witnessing rules apply.

Can I write my own will?

Yes. A homemade or kit will can be valid if it meets the rules above. The risk is clarity, not legality: ambiguous wording, an asset missed, or a gift to a witness can undo it. See will templates in NZ and online wills in NZ for where DIY options tend to fail. We could not confirm whether a will signed only electronically meets section 11, so do not assume it does.

Who should draft it?

A simple estate with adult beneficiaries and one home suits an online or template will. Use a lawyer or trustee company for a blended family, a business, a trust, overseas assets, a beneficiary with additional needs, or any plan to treat children unequally. Our Public Trust wills guide compares the Public Trust options with a law firm.

Choosing an executor

An executor administers the estate: they gather the property, pay debts and tax, distribute what remains and carry out your wishes as far as the law allows. A named executor can accept, accept with paid legal help, or refuse, in which case an administrator is appointed (Community Law: Choosing an executor).

Who can act. You can name a family member, a friend, a lawyer or a trustee company such as Public Trust. Choose someone honest and realistically able to do the paperwork. Naming two to act jointly can help in a blended family.
Pay. "Executors can get paid for their services, but only if you provide for this in your will", so say so in the will if you intend it.
Funeral wishes. "Regardless of what instructions you leave in your will, your executor has the final say" on burial or cremation, and tikanga Māori must be considered. Tell your executor and family what you want in writing. See funeral wishes in a will.
Roles. An executor has the legal authority to administer the estate; a beneficiary has a right to what the will gives them and to hold the executor to account. See executor of a will in NZ and executor versus trustee.

What happens without a will

If there is no valid will, the Administration Act sets who inherits. A partner with no children and no surviving parents takes everything. A partner with children takes the personal chattels and $155,000 plus interest, then one third of the rest, with two thirds held for the children. Different shares apply when there are parents, siblings or more distant relatives, and a de facto partner in a short relationship may be excluded (Administration Act 1969, s77; Community Law, retrieved 20 October 2026). The rules ignore what you would have wanted. See dying without a will in NZ.

Keeping the will current

Life event	Effect on an existing will
Marriage or entering a civil union	Revokes the will, unless it was made in contemplation of that marriage or civil union (s18)
Starting a de facto relationship	No automatic effect under the sections above; review the will anyway
Dissolution or separation order	Gifts and appointments to the former partner are void unless the will shows otherwise (s19)
A new will, or a document that meets section 11	Revokes the old will (s16)
Destroying the will with the intention to revoke it	Revokes it (s16)
New child, new home, new debts	No automatic effect; review the will

Small changes can be made by a signed, witnessed change or note on the will (a codicil; see what is a codicil), but a fresh will is often cleaner. Source: Wills Act 2007, ss15, 16, 18 and 19, retrieved 20 October 2026.

Tell your executor where the original is. After a death the will can be found through the family, the lawyer or trust company that holds it, or the High Court once probate is applied for; see how to find a will and who can get a copy.

A will and life insurance are separate

Your will deals with your estate. A life insurance policy generally pays under its own ownership and beneficiary terms, not automatically under your will. Proceeds are estate property only if they are payable to the estate. A KiwiSaver balance goes to the estate, not to a named beneficiary. A joint bank account passes straight to the other owner. Check each so your will and your policies point the same way. See who gets your life insurance payout and deceased estate assets.

An enduring power of attorney covers decisions while you are alive but unable to decide; it ends at death. See power of attorney in NZ. Our hub has the whole estate planning checklist.

Where to get advice

Insurance does not replace a will, and a will does not replace insurance. If you want to look at cover, the buttons on this page open Momentum Life's online applications. Quick Life (ages 18 to 65, no health questions) excludes pre-existing conditions and suicide for the first 2 years. Funeral Insurance (New Zealanders aged 40 to 75) pays only for accidental death in the first 24 months, its total premiums can exceed the benefit, and the benefit may not cover a whole funeral. Neither accepts new applicants over 75. Momentum Life Limited is rated B (Fair) by A.M. Best; see its financial strength page. QuoteHub is a Momentum Life partner and Smiths Insurance & KiwiSaver may receive a commission if you buy a Momentum policy; see how we are paid.

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.