Articles — Wills & Estates

Why everyone needs a will in New Zealand

By Hamish Senior, Harmony Law Limited, Tauranga · August 2026

Most New Zealand adults do not have a will. We all know we should do it. We say we will — next week, next month, next year. And then life gets busy, and we do not. This article explains what a will actually does, what happens without one, and why the common reasons for putting it off do not hold up.

The default plan (intestacy)

If you die without a will, New Zealand law has a default plan for you. It is called intestacy, and it follows a strict formula under the Administration Act 1969. Your estate is divided among your spouse or partner, children, and (if there are none) parents or wider family — all in prescribed proportions, whether or not that is what you wanted.

You do not get to choose who inherits. You do not get to decide who sorts everything out. You do not get to provide for anyone the formula leaves out.

For the full picture of how intestacy works — who inherits and in what shares — see what happens when someone dies without a will in New Zealand.

What a will actually does

A will lets you take control. You decide:

• Who gets what — your home, savings, investments, possessions and heirlooms go to the people you choose.
• Who manages the estate — you name an executor (or executors) to carry out your wishes: a family member, a friend, or a professional you trust.
• Who cares for your children — you can appoint a testamentary guardian for children under 18.
• Specific gifts — a watch to a granddaughter, a collection to a museum, a sum to a cause that matters to you.

The common reasons people put it off

"It's complicated." It is not. For most people a will is straightforward: a focused conversation, a few decisions, a properly signed document. If your affairs are genuinely complex, that is exactly when you need a lawyer — not a reason to wait.

"It's expensive." It does not have to be. I prepare wills at fixed fees, so you know the full cost before any work starts.

"I don't have much to leave." Even small estates benefit from a will. A will can name a guardian for your children. It also spares your family the extra cost and delay of applying for letters of administration — the court process needed when there is no will.

"I'll do it when I'm older." That is what everyone thinks — right up until something unexpected happens. A will protects your family at any age, and you can update it as life changes.

What your family faces without one

• A court application before anything can happen — someone must apply to the High Court for letters of administration before they can deal with your assets. That takes time and costs money.
• Grief plus bureaucracy — a will lets your family grieve. Without one, they are also navigating the intestacy rules and a formula that may not reflect your wishes at all.
• Possible conflict — most inheritance disputes begin with a vague or missing will. Without clear instructions, families are left guessing — and sometimes end up litigating.
• Uncertainty over the children — if both parents die without appointing testamentary guardians, the arrangements for the children are left to be worked out afterwards, without your say.

A clear will is a gift

The most important thing a will does is remove doubt. Your family does not have to wonder what you wanted — they know. They can carry out your wishes and get on with remembering you, rather than untangling an estate.

A clear will is a gift to the people you love.

This article is general information, not legal advice. Every family's situation is different — please get advice on your own circumstances. Current at August 2026.