A will is one of the most important legal documents you'll ever create, yet nearly 50% of New Zealanders don’t have a will, which means they have no say in what happens to their children or property after they die.
A legally sound will provides clarity, protection, and peace of mind for you and your loved ones. Below, we discuss the top ten reasons why every New Zealand adult should have a will, regardless of age or circumstances.
1. You decide who gets what
A will puts you in control, ensuring your assets go where you want them to. A will puts you in control, ensuring your assets go where you want them to. If you die without a will in New Zealand, your loved ones must rely on the rules set by the Administration Act 1969 to distribute your estate. Those rules may not reflect your true intentions or family circumstances.
2. You can protect your children
If you have children under 18, this is crucial. A will allows you to appoint guardians who will care for your children if something happens to both parents. Without this, the Family Court can decide who is given custody.
You can also set up trusts within your will to manage your children's inheritance until they reach an age where they can handle it responsibly. You can read more about trusts in our practical legal guides.
3. You can look after your partner
Whether you're married, in a civil union, or in a de facto relationship, a will ensures your partner is provided for according to your wishes. While the Property (Relationships) Act 1976 provides some protection, it doesn't cover everything, especially if you have children from previous relationships or assets that fall outside relationship property. A will fills these gaps.
4. You can support causes that matter to you
A will allows you to leave gifts to charities, community organisations, or causes close to your heart. Many New Zealanders use their wills to create lasting legacies supporting education, health, environmental, or cultural initiatives that matter to them.
5. You can prevent family disputes
Family disputes over estates can be devastating. A clear, well-drafted will significantly reduces the risk of conflict by removing ambiguity and uncertainty. Your family will be grieving, and the last thing they need is to be arguing about your assets as well.
6. You choose who administers your estate
Your executor is responsible for administering your estate – paying debts, collecting assets, and distributing everything according to your will. By appointing someone you trust, whether that's a family member, friend, or professional executor, you ensure your estate is managed properly. Without a will, the court appoints an administrator who may not be your first choice.
7. You can plan for your business
If you own a business or farm, what happens to it when you die? Without proper planning, there can be significant uncertainty, affecting not just your family but also employees, business partners, and anyone who depends on the business. A will allows you to specify who takes over, how ownership transfers, and how other family members are fairly compensated.
8. You can make specific gifts
Perhaps you want your grandmother's engagement ring to go to a particular grandchild, or you'd like your fishing boat to go to your best mate. Maybe you have specific wishes about your funeral. A will allows you to record these details, ensuring meaningful items end up with the right people and your personal wishes are known.
9. You can minimise stress for your family
Dealing with someone's estate without a will is complicated, time-consuming, and stressful. Your family may need to navigate complex legal processes that take longer and cost more than dealing with a straightforward will.
10. You get peace of mind
Knowing that you've taken care of your affairs and that your loved ones will be looked after provides invaluable peace of mind.
What should you do next?
If you don't have a will, or if you haven't reviewed yours in several years, our experienced team can sit down with you to discuss your unique circumstances. If your will currently sits with another law firm, you can ask for it to be transferred to the team at Thomson Wilson - we can help with this too.
Life changes – marriages, divorces, births, deaths, new assets – and your will needs to keep up with these changes. We'll explain your options in plain language and prepare a will that reflects your wishes.
Thomson Wilson Law takes all reasonable care to make sure that the information in this article is up-to-date and accurate at today’s date. It is necessarily general information and not intended as legal advice to be relied upon.