What makes a will valid in NZ, whether DIY wills work, what happens without one, and how to set up an enduring power of attorney and who must witness it.
By the NZ Lawyers team · Facts checked against the sources listed below on 18 October 2026.
A will says what happens to your property after you die. An enduring power of attorney (EPA) says who can make decisions for you while you are alive but unable to make them yourself, for example after a serious accident or with dementia. Many people assume their partner or family can step in automatically. Community Law points out that the law doesn't work that way. This guide covers what the law requires for each document, what can go wrong if you do it yourself, and when a lawyer is worth paying for.
Under the Wills Act 2007, a will must be:
A witness must be 18 or over. Don't use someone who inherits under the will, or their partner: they risk losing their gift unless one of a few exceptions applies. Since the COVID-era order allowing video witnessing expired in October 2022, signing must be done in person. Community Law suggests, as good practice, that everyone also signs the bottom of each page.
If a will doesn't meet every formal requirement, the High Court can still declare it valid if it is satisfied that the document expresses the person's intentions. Relying on that means a court application, though, so it is far better to get the formalities right.
Yes, you can make your own will, provided it meets the requirements above. But Community Law warns that home-made wills are more likely to be challenged or to cause problems at probate, and suggests using a lawyer or a trustee company such as Public Trust. Public Trust offers wills online or by appointment. There is no national register of wills, so tell someone you trust where the original is kept.
Dying without a will is called dying intestate. Your estate is then shared under the Administration Act 1969, and the court appoints an administrator instead of an executor you chose. Under those rules, if you leave a partner and children, the partner receives your personal possessions, a fixed sum (Community Law gives the current figure as $155,000) and one third of the rest, and the children share the other two thirds. A de facto partner usually needs to have been with you for at least three years to inherit under these rules. If none of the listed relatives survive, the property may pass to the government.
Community Law suggests reviewing your will at least every five years, and whenever you have children, your relationship changes, someone named in it dies, or you buy a house. For more on separation and property, see our relationship property guide.
A will takes effect only when you die. A trust is an arrangement where trustees hold property for beneficiaries. You can create one in your will (a testamentary trust), for example to hold property for children until they reach a set age. Trustees must act reasonably and in good faith for all beneficiaries under the Trusts Act 2019. Whether a trust suits you depends on your circumstances, so get advice. Our directory lists trust lawyers in Hamilton.
There are two kinds of EPA, and you can make one or both:
For significant welfare decisions, and for a property EPA that starts on incapacity, a health practitioner qualified to assess capacity must certify that you are no longer mentally capable.
Do you need a lawyer for an EPA? In effect, yes, or an equivalent professional. You must use the prescribed form, and your signature must be witnessed by a lawyer, a qualified legal executive working under a lawyer's supervision, or someone from a trustee company. The witness must generally be independent of your attorney and must certify that they explained the EPA's effect and your rights, and that they believe you understand it and are not under pressure.
Without an EPA, if you lose capacity your family will usually have to apply to the Family Court, which can appoint a welfare guardian or property manager. Community Law notes that this can be more complicated and expensive than setting up an EPA in advance.
A straightforward will may need little legal work, but a lawyer earns their fee when things aren't simple: a blended family, a business or family trust, assets overseas, a relationship property issue, someone you want to leave out, or a property you want someone to be able to live in after your death. For an EPA you will need a lawyer, qualified legal executive or trustee company to witness it anyway, so it often makes sense to do both documents together.
Questions to ask before you instruct anyone:
Fixed fee or hourly? The Law Society says most lawyers charge an hourly rate, but a lawyer and client can instead agree a fixed fee at the start, sometimes split into stages. Whichever you choose, the lawyer must tell you before work starts how fees will be charged and paid, the terms should be set out in their engagement letter, fees must be fair and reasonable, and if you ask for an estimate they must tell you promptly if it looks likely to be exceeded.
Check they are a practising lawyer. Search the person's name on the Law Society's Register of Lawyers, which shows a lawyer's practising status. If you have been named as someone's executor, read our executor and probate guide.
Ready to talk to someone? Compare wills and estates lawyers in Hamilton in our directory.
This guide is general information, not legal advice. Talk to a lawyer about your situation.
No. A will needs your signature and two adult witnesses present together. A lawyer helps get it right and reduces the risk of challenge.
They shouldn't. A witness who is a beneficiary, or the partner of one, risks losing their gift unless an exception applies.
Your signature must be witnessed by a lawyer, a qualified legal executive supervised by a lawyer, or someone from a trustee company, who is generally independent of your attorney.
Your estate is shared under the Administration Act 1969 intestacy rules, and the court appoints an administrator.
Yes, unless the will says it was made in contemplation of that marriage or civil union.
All 1673 firms, ordered by the same published criteria.