What makes a will legally valid in New Zealand?

General information from Lawmateanz

Under the Wills Act 2007, a will is generally valid if it's in writing, signed by the will-maker, and witnessed by two people who are both present when the will-maker signs. The witnesses then sign in the will-maker's presence.

The will-maker must be 18 or over (or younger but married, in a civil union or in a de facto relationship), and must understand what they're doing when they make it.

A witness, or a witness's partner, shouldn't receive anything under the will. A gift to a witness can be void, although the rest of the will still stands.

If a will doesn't meet the formal rules, the High Court can still declare it valid if it's satisfied the document shows what the person intended. That takes time and money, so it's better to get it right first. Marriage or a civil union generally cancels an earlier will, unless the will was made with that marriage or civil union in mind.

Public Trust, trustee companies and lawyers can all prepare wills, and Community Law Centres have free information.

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