While a will might not be the most popular topic of conversation, planning for what happens after you're gone is one of the most caring and empowering things you can do for your loved ones. If you live in New Zealand and you want to protect your assets and make sure your wishes are honoured after you pass, having a will is essential.
Still not convinced? Let’s break it down.
You get to decide who gets what
Without a will, your estate is distributed under the Administration Act 1969, which follows a strict legal formula. That means:
- Your spouse, children, or parents might not inherit the way you'd expect
- Stepchildren or close friends could be left out entirely
- The government decides how everything is split.
With a will, you’re in control. You can:
- Leave specific gifts to people, charities, or organisations
- Pass down family heirlooms or sentimental items
- Make sure your partner and children are looked after the way you want.
Choose who carries out your wishes
In a will, you name an executor to manage your estate. This is the person responsible for paying debts, filing paperwork, and distributing your assets. If you don’t have a will, someone must apply to the court to be your administrator - which can lead to delays, disagreements, or even disputes over who should take on the role.
Choosing your own executor means:
- Less stress for your family
- A smoother, faster process
- Peace of mind that someone you trust is in charge.
Name guardians for your children
If you have children under 18, a will lets you nominate guardians to care for them if you and the other parent both pass away. Without a will, the Family Court will decide who becomes their legal guardian, and while they’ll do what they believe is best, it may not reflect your personal preferences or family dynamics.
Naming guardians ensures:
- Your children are raised by people you trust
- You have a say in their future upbringing
- Fewer legal hurdles for your whānau during a tough time.
Prevent delays and disputes
No one wants to imagine their family fighting after they're gone, but sadly, it happens in even the closest of families. When there’s no clear direction, misunderstandings or resentment can bubble up. A legally-valid will helps:
- Prevent conflict among surviving family members
- Reduce the chance of claims under the Family Protection Act 1955
- Speed up the administration of your estate.
Make things easier for your loved ones
Grief is hard enough. Without a will, your family may face:
- Court processes
- Legal fees
- Delays in accessing funds
- A willl simplifies the process and provides comfort by letting your whānau focus on healing, not paperwork.
Support causes you care about
Do you want to leave a gift to a charity, school, or community group from your estate? A will is one of the best ways you can make your intentions known. Including a bequest in your will can:
- Support causes close to your heart
- Leave a lasting legacy
- Reflect your values and life story.
Life changes – so should your plans
Got married? Had kids? Bought a house? Got divorced? All these events can affect your will. In fact, getting married automatically revokes any existing will (unless it was made in contemplation of the marriage), and new family structures can complicate things. Having an up-to-date will means:
- Your estate reflects your current life and relationships
- There are no nasty surprises for your family later.
So, do you really need a will?
Yes! A will isn’t just for the wealthy or elderly - it’s for anyone who wants to make life easier for their loved ones and ensure their wishes are respected after they pass away. It’s a practical, empowering, and easier to set up than you might think.
What happens if you don’t have a will?
In New Zealand, dying without a will is known as dying intestate. When this happens, your estate isn’t distributed according to your wishes, because they were never legally recorded. Instead, the Administration Act 1969 steps in with a predetermined formula to divide your assets. And spoiler alert: the outcome may not reflect what you would have wanted.
A will gives you control. Whether you want your estate to go to your partner, children, a charity, or even a beloved friend, it’s important that you get to make that choice. Creating a will is one of the most important legal steps you can take to:
- Protect your loved ones
- Avoid unnecessary stress and legal disputes
- Help make sure your wishes are honoured.
Don’t leave it to chance
If you don’t yet have a will, now is the time. You can do your will online, within an average 15 minutes with Footprint. It’s not just a legal document, it’s a final gift to those you care about.
