How to Execute Your Will Properly

⚠️ Critical Requirements

For your will to be legally valid in New Zealand, it must be properly executed according to the Wills Act 2007. Follow these instructions carefully.

Step 1: Print Your Will

  • Download the PDF generated by this tool
  • Print it on A4 paper (do NOT print double-sided for the signature pages)
  • Print at least 2 copies (one for you, one for your executor)
  • Do not bind or staple the pages before signing (you can do this afterwards)

Step 2: Find Two Witnesses

  • Must be 18 years or older
  • Should NOT be beneficiaries in your will (or their spouses/partners)
  • Don't need to be lawyers or Justices of the Peace
  • Don't need to know you personally
  • Don't need to read the will
  • Good choices: work colleagues, neighbors, friends who aren't in the will

Step 3: Gather Together for Signing

  • All three people must be present together - you and both witnesses
  • Choose a quiet location without distractions
  • Have pens ready (use permanent ink - not pencil)
  • Witnesses must be able to see you sign
  • You must be able to see each witness sign
  • Virtual signing via Zoom/video is NO LONGER ALLOWED (this ended in 2022)

Step 4: Sign Your Will

  1. You sign first:
    • Sign at the end of the will (in the testator signature box)
    • Initial the bottom of each page (optional but recommended)
    • Write the date when you sign
  2. Witnesses sign next:
    • Each witness signs in the witness signature blocks
    • Each witness writes their full name, address, occupation
    • This must happen while all three of you are still present together

Step 5: After Signing

  • Do NOT make any changes to the will after signing
  • Any alterations could invalidate the will
  • If you need to make changes, create a new will or a codicil (amendment)

Step 6: Store Your Will Safely

Storage Options:

  • Home safe or lockbox
  • With your lawyer
  • Public Trust (they offer will storage services)
  • Bank safety deposit box

Important:

  • Tell your executor where the will is kept
  • Give your executor a copy (or tell them how to access it)
  • Keep the original - photocopies can be problematic
  • Consider keeping a copy in a second location

Step 7: Inform Your Executor

  • Tell your chosen executor that you've appointed them
  • Confirm they're willing to act
  • Tell them where to find your will
  • Consider giving them a copy
  • Update them if you move or change the will's location

When to Review/Update Your Will

You should review your will every 3-5 years, or immediately after:

  • Marriage, civil union, or entering a de facto relationship
  • Separation or divorce
  • Birth or adoption of children
  • Death of a beneficiary or executor
  • Significant changes in your financial situation
  • Purchasing or selling major assets (house, business)
  • Moving to a different country
  • Falling out with someone named in the will

Note: Marriage or entering a civil union automatically revokes a will (unless the will states it was made in contemplation of that marriage/civil union).

❌ Common Mistakes to Avoid
  • Only having one witness (you need TWO)
  • Using beneficiaries as witnesses (they may lose their inheritance)
  • Signing separately (all three must be present together)
  • Making handwritten changes after signing (creates uncertainty)
  • Not dating the will
  • Not telling anyone where the will is stored
  • Not updating the will after major life changes
  • Losing the original will

Optional: Legal Review

While this template follows NZ law, we recommend having a lawyer review your will if:

  • You have a complex estate (multiple properties, businesses, trusts)
  • You have children from previous relationships
  • You want to exclude someone who might expect to inherit
  • You have international assets or beneficiaries overseas
  • You're concerned about potential challenges to the will
  • You want to minimize tax implications
  • You have specific or complex bequests

Find a Lawyer: Visit NZ Law Society to find a lawyer specializing in wills and estates.

What Happens After Death?

Your executor will need to:

  1. Locate the will - This is why informing them of its location is crucial
  2. Apply for probate - Court approval to act as executor (if needed)
  3. Identify and value assets - Bank accounts, property, investments, etc.
  4. Pay debts and taxes - Including funeral costs, outstanding bills
  5. Distribute the estate - According to the will's instructions

This process typically takes 6-12 months, sometimes longer for complex estates.

Helpful Resources

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