Who is entitled to a copy of a will in New Zealand?

Written by Henry Smith · Reviewed by Smiths Insurance & KiwiSaver, licensed Financial Advice Provider (FSP712931) · Updated 2026-10-20 · Reviewed annually, or sooner if the rules it describes change.

We found no New Zealand law or official guidance that gives every beneficiary an automatic right to a copy of a will before the court has a file on it. Once someone applies to the High Court for probate or letters of administration, the court file becomes a public record and anyone can request copies of its documents, including the will. The fee to search is $41 (Ministry of Justice: How to find and get a copy of a will).

Before that point, the will is usually with the deceased person's lawyer or the named executor, and the answer to "can I see it?" depends on who holds it and what you are to the estate. This guide sets out both stages, what each person can ask for, and the order to try things in. It is general information, not legal advice. If you think you are a beneficiary and cannot get information, the Ministry of Justice itself says you should consider getting advice.

Stage by stage: who can see the will

Stage	Who holds the will	Can you get a copy?
Before an application is filed	The deceased's lawyer, a trust company, or the executor	Not as of right that we could find. The lawyer may be unable to give a copy or confirm who the beneficiaries or executors are, because of client confidentiality
After an application for probate or letters of administration is filed	The High Court (the original is lodged)	Yes. The file is public and anyone can request copies of its documents
After 25 years or so	Archives New Zealand	Probate records are usually kept by the court for up to 25 years, then transferred to Archives

Source: Ministry of Justice, retrieved 20 October 2026.

Two points follow. The file becomes public once an application is filed, not only once probate is granted, according to the Ministry of Justice. And the reason a lawyer holds back is client confidentiality, in the Ministry's words, not a rule that the will is secret.

Before an application: what can a beneficiary ask the executor for?

We found no rule that makes a formal reading of the will compulsory, and no official guidance on what an executor must share before probate (our how to find a will guide covers this). Whether a beneficiary can insist is a harder question, and the sources we read do not settle it.

What the law does say points in one direction. Since 30 January 2021 the Administration Act has said that the duties of an administrator are "taken to be express trusts" for the Trusts Act 2019, which applies "with any necessary modifications" (Administration Act 1969, s 4B). The Trusts Act presumes that a trustee gives a beneficiary the trust information they request within a reasonable time, including information about the terms of the trust and its administration (ss 49 and 52). On our reading, that gives a beneficiary a footing to ask an executor for the will. It is only a presumption: the executor may refuse after weighing factors such as confidentiality, the beneficiary's interest, and the effect on others (s 53). Whether it applies to a particular request is a question for a lawyer.

One of the factors an executor or trustee must consider is "the nature of the interests ... held by the beneficiary", including its "degree and extent" and the likelihood of receiving property (Trusts Act, s 53(a)). In practice a person who is to receive the remainder of the estate has more at stake than one who receives a single item, so they have the stronger case for information. We found no rule that sorts the two groups.

After an application is filed: how to get a copy from the court

All probate applications filed since 4 June 2013 go through the Wellington High Court Probate Unit. Write or email the Registrar and include:

the deceased person's full name, and any other names they used;
the date of death and, if you know it, the date probate or administration was granted;
their last place of residence.

The search fee is $41, which covers the search, a copy of the will and a copy of the grant. You can ask for other documents on the court file, such as affidavits, if you say so clearly. The court usually replies within 2 weeks after payment. Probate records from May 2004 can be searched online (Ministry of Justice). Our probate records search guide walks through the steps.

If the executor says no or goes quiet

Take these in order. None is legal advice.

Ask in writing. Say who you are, your relationship to the person who died, and what you are asking for (the will, and when probate will be applied for).
Check the court. Search for a court file. If an application has been filed, you can get the will without the executor.
Ask the lawyer, and expect a limit. The lawyer may confirm only what client confidentiality allows. You may need to show who you are.
See a lawyer if you think you are a beneficiary. The Ministry of Justice says to consider this if you cannot get information or there is a dispute.
Know the clock. Time limits run from the grant of probate or administration, not from the death. A Family Protection Act claim must be made within 12 months of the grant. The Testamentary Promises Act also uses 12 months. A surviving partner has 6 months from the grant to choose between a share of relationship property and what the will gives (Family Protection Act 1955, s 9; Property (Relationships) Act 1976, ss 61 to 68; Ministry of Justice). The court file is the quickest way to learn the grant date. See contesting a will.
A caveat is a lawyer's decision. Under the Administration Act, any person may lodge a caveat against an application for administration before the grant. It lapses after one year unless an application is made sooner, a new one can be lodged, and in some situations the court may order costs against the caveator (s 60). Get advice before using it.

What about a codicil or a later will?

A codicil is part of the will and goes to the court with it, so a court search shows both. If there is uncertainty about whether a later will exists, the Ministry of Justice tells people applying for probate to consider seeking legal advice. See what is a codicil.

Money you may be owed that is not in the will

Some money passes outside the will or sits unclaimed: joint accounts go to the surviving owner, and life insurance depends on who owns the policy. Our guides on unclaimed money and who gets a life insurance payout cover these.

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Adviser's view

Do not rely on being shown the will informally, and do not assume you are barred from seeing it. The court file becomes public as soon as an application is filed, so you can often read the will for a $41 search fee without the executor's help. What a beneficiary can demand from an executor before that is less settled, and a short letter from a lawyer is a sensible next step.

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

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Cite this page QuoteHub NZ (2026). Who Is Entitled to a Copy of a Will in NZ?. www.quotehub.co.nz/guides/estate/who-is-entitled-to-a-copy-of-a-will-nz. Updated 2026-10-20.