Do I need a lawyer to write a will in NZ?

There is no statutory requirement to engage a lawyer to draft a will in New Zealand. A will written on a paper napkin can be valid if it satisfies the formalities. The practical question is whether the savings from doing it yourself outweigh the risks the lawyer is paid to manage.

What the law actually requires

Section 11 of the Wills Act 2007 sets out the only mandatory requirements:

• The will must be in writing
• The testator must sign it (or someone must sign on the testator’s behalf at the testator’s direction and in their presence)
• Two witnesses must be present at the same time when the testator signs, and each witness must sign the will in the testator’s presence
• The testator must be 18 or older (with limited exceptions)

There is no requirement for the will to be drafted by a lawyer, notarised, or registered.

When a DIY will can work

A homemade will, an online template, or a stationer’s pre-printed form can produce a valid document if:

• The estate is simple — one or two assets, one or two beneficiaries
• There are no children from previous relationships
• The testator has no business interests
• The testator has full capacity and is not under any pressure
• The execution requirements are followed exactly

The Public Trust and several online services provide guided forms that, properly used, produce valid wills.

Where DIY commonly fails

In practice, the most frequent problems with non-professionally drafted wills are:

• Execution defects — witnesses leave the room before signing, or one of the witnesses is also a beneficiary (a beneficiary witness loses their gift under section 13)
• Ambiguous language — “I leave my house to my children” without specifying which children, or what happens if one predeceases
• Inconsistent provisions — the residue clause contradicts the specific gifts
• No alternate beneficiaries — the named beneficiary dies first, and the gift fails
• Outdated executor — the named executor has died, refuses to act, or has moved overseas
• No consideration of relationship property — a surviving partner may elect to take their half-share under the Property (Relationships) Act 1976, overriding the will

Section 14 of the Wills Act lets the High Court validate a non-compliant will, but the application costs more than a properly drafted will would have.

When lawyer drafting is worth the fee

Most families in New Zealand are well served by a professionally drafted will if any of the following apply:

• A blended family (children from a previous relationship)
• A family trust
• A business or significant share portfolio
• Assets overseas
• A complicated executor appointment
• A potential Family Protection Act 1955 claim

A standard couple’s wills-and-EPAs package costs $800 to $1,500. Defending a poorly drafted will in the High Court costs many multiples of that.

For a complete walkthrough of the drafting process, see our how to write a will guide.

Want help?

If you are not sure whether your situation is simple enough for a DIY will, book a free consultation and we will tell you straight.