Planning ahead can feel like a big decision, especially when it involves thinking about the future. You might already have ideas about what you want, or you may be starting to think it through.
A will is one way to make those wishes clear. It helps ensure the people and things that matter to you are cared for in the way you choose
What is a will?
A will is a legal document that sets out what you would like to happen after you die.
It can include:
- Who receives your money, property, and belongings
- Who will care for any dependents
- What your wishes are for your funeral and your body
Without a will, these decisions are made under the law, not by you.
Most people choose to write a will with a lawyer, or trustee company. This helps make sure it is legally valid and reflects your wishes clearly.
SuperGold cardholders can access discount and special offers for legal services – you can find a link below.
Age Concern New Zealand are supported by Perpetual Guardian and Public Trust, and we have provided links to further information about their services below. For some people connected to a local Age Concern, you may be eligible for a discount through these partners.
Your will should be stored with your lawyer or trustee corporation, and you should have a copy. You should also tell your executors (the person/people named in your will to carry out the terms of your will) where your will is held to make it easier for them to find when you pass away.
Why having a will matters
It can be uncomfortable to think about, but having a will is one of the simplest ways to take care of the people close to you.
If you don’t have a will, your estate is divided according to the Administration Act 1969. This follows a set formula based on relationships, not your personal wishes.
It can also be a lengthy and expensive process to distribute your estate without a will. Someone will still need to gain authority over your estate and to start with that person will need to apply for Letters of Administration through the High Court.
The best way to take care of your loved ones and your estate is to write a will outlining your preferences and a named executor.
We have added useful information below to help you to start thinking about what’s important to you.
You might be wondering what needs to go into a will. It doesn’t have to be complicated, but it does need to be clear.
Your will can include:
- Who you want to receive parts of your estate
- Specific items like jewellery, artwork, furniture, or property
- Money or gifts for people or organisations (often called a bequest)
- What should happen to pets
- Your funeral wishes
Your estate will first be used to pay any debts and costs. After that, it is shared according to your instructions.
You may also choose to leave a gift to a charity or organisation that is important to you. This is often called a bequest. For example, some people choose to leave a gift to Age Concern New Zealand to help older New Zealanders. Even a small gift can help ensures other are supported to stay safe, connected, and can age well.
You’ll also need to name:
- An executor – the person who carries out your wishes
- A trustee – the person who manages your estate
This can be the same person, or different people. It’s important to choose someone you trust, as the role can take time and responsibility.
It’s also worth having a conversation with the person you choose. Acting as an executor can take a significant amount of time and effort. They may need to manage paperwork, deal with banks and organisations, and organise the distribution of your estate. Letting them know what’s involved and making sure they’re willing and able to take this on, can make things easier for everyone later.
Several organisations have information explaining what an executor is. We have provided links to some of these at the bottom of this page.
Making decisions about your will can sometimes bring up strong opinions from others.
You may notice pressure, spoken or unspoken, about what you “should” do with your money or belongings. It’s important to remember that your wishes matter. Getting older does not take away your right to make your own decisions.
Respectful conversations are key, and it can help to take your time and seek independent advice if something doesn’t feel right. If you feel pushed, rushed, or unsure about a decision, it’s okay to pause. These can be signs of financial pressure or, in some cases, financial abuse.
If you are feeling uncomfortable about the pressure from another person, you can talk things through with a trusted person at Age Concern or another organisation that the Elder Abuse Response helpline connects you with. The helpline phone number is 0800 32 668 65. A simple conversation about things can help you navigate it – you’re not alone.
You can write a will yourself, but it can be easy to make mistakes. If a will isn’t clear, properly signed, or witnessed correctly, it may not be valid.
You may also see online will services advertised. These can be a useful option if your situation is simple and your wishes are straightforward. However, if you have a more complex family situation, significant assets, or are unsure how to set things out clearly, it’s safer to get professional advice. This can help make sure your will is valid and reduces the risk of it being challenged later.
Most people choose to work with a lawyer or trustee company. There will be a fee, but it can help avoid complications later. A professional service may ask questions that you hadn’t thought of.
If you’re unsure where to start, a conversation with a legal professional is a good first step.
An estate with less than $40,000 is a common situation, and it can make things simpler in some ways.
Your estate may have:
- No property
- Limited or no savings
- A few personal belongings
- Possibly some small debts
In these cases, the process is often much more straightforward, and your executor may need to do things differently. Many families manage this without needing court processes.
For smaller estates, the executor’s role is usually more about tying things up than managing complex assets.
This can include:
- Notifying Work and Income to stop NZ Superannuation
- Closing bank accounts
- Cancelling services, e.g., power, phone, subscriptions
- Managing any tenancy to end the lease, handle the bond, and clear personal property
- Paying any final bills or debts
It can help your family if you have a written document or a file with your personal details, including which bank you have accounts with, which companies provide services like power, landlord details, government support you are receiving, and any other details that would make it easier for someone to manage your estate. Keep this in a safe place and if you feel comfortable, let a family member know where to find it.
If there isn’t enough money in the estate to cover debts, they may not all need to be paid.
It can take time and coordination, especially if family or whānau are involved. If there aren’t enough funds in the estate, Work and Income may be able to help with a funeral grant.
Your life can change over time, and your will should reflect that.
It’s a good idea to review your will:
- Every few years (for example, every five years)
- After major life changes, such as
- Marriage or a new relationship
- Separation or divorce
- Having children
- Buying or selling significant assets
- The death of a beneficiary or executor
If your will isn’t update, it may no longer reflect your wishes. In some cases, it can also become invalid.
Keeping it current helps make sure your plan still works for you.
When a will is being used
You might be wondering what happens after someone dies. Knowing the steps can make the process feel less uncertain.
In Aotearoa New Zealand, your executor is responsible for carrying out your will. This usually involves:
- Finding the will and confirming its validity
- Applying for probate (official approval from the High Court to manage your estate)
- Collecting and valuing your assets. This includes your KiwiSaver
- Paying any debts, taxes, or expenses
- Distributing what remains to the people named in your will
Your executor will need to notify Work and Income Senior Services on 0800 552 002 to advise them to stop NZ Superannuation payments. This will prevent any overpayments that may need to be paid back later. We have provided a link below to Work and Income’s website to read about funeral grants and access to the form to register a senior’s death.
When a will can be challenged
In some situations, a will may be contested after someone passes away.
This can happen if:
- There are questions about whether the will is valid
- A close family member believes they have not been properly provided for
- A partner chooses to claim relationship property instead
- There are other legal concerns under New Zealand law
Having a clear, well-prepared will can reduce the risk of this happening.
