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Last Will and Testament

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LAST WILL AND TESTAMENT OF ____________________

I, ____________________, presently of ____________________, New Zealand, hereby revoke all former testamentary dispositions made by me and declare this to be my last Will.

PRELIMINARY DECLARATIONS
Prior Wills and Codicils
I revoke all prior Wills and Codicils.
Marital Status
I am not married, in a civil union, or in a de facto relationship.
Children
I do not have any living children.
EXECUTOR
Executor
The expression 'my Executor' used throughout this Will includes either the singular or plural number, or the masculine or feminine gender as appropriate wherever the fact or context so requires. The term 'executor' in this Will is synonymous with and includes the term 'executrix'.
Appointment
I appoint __________ of __________, as the sole Executor of this Will.
Powers of my Executor
I give and appoint to my Executor the following duties and powers with respect to my estate:
1. To pay my legally enforceable debts, funeral expenses and all expenses in connection with the administration of my estate and the trusts created by this Will as soon as convenient after my death, except for any debt secured by real and/or personal property which is to be assumed by the recipient of such property.
2. To take all legal actions to have the probate of this Will completed as quickly and simply as possible, and as free as possible from any court supervision.
3. To retain, exchange or dispose of any personal property without liability for loss or depreciation.
4. To purchase, maintain, convert and liquidate investments or securities, and to exercise voting rights in connection with any shareholding, or exercise any option concerning any investments or securities.
5. To open or close bank accounts.
6. To maintain, continue, dissolve, change or sell any business which is part of my estate, or to purchase any business if deemed necessary or beneficial to my estate by my Executor.
7. To sell, mortgage, exchange, lease or otherwise dispose or deal with any real property in my estate and to pay, alter, improve, add to or remove any buildings thereon and generally to manage such real property. This does not include the power to sell any interest in Māori land, unless such power is exercised in accordance with the Māori Land Act 1993.
8. To maintain, settle, abandon, make a claim against or defend, or otherwise deal with any claims or actions against my estate.
9. To employ any solicitor, accountant or other professional.
10. Except as otherwise provided, to act as my Trustee by holding in trust the share of any beneficiary under the age of twenty (20), and to keep such share invested, pay the income or capital or as much of either or both as my Executor considers advisable for the maintenance, education, advancement or benefit of such beneficiary and to pay or transfer the capital of such share or the amount remaining to such beneficiary when he or she reaches the age of twenty (20) or, prior to such beneficiary reaching the age of twenty (20), to pay or transfer such share to any parent or guardian of such beneficiary subject to like conditions and the receipt of any such parent or guardian discharges my Executor.
The above authority and powers granted to my Executor are in addition to any powers and elective rights conferred by statute or common law or by other provision of this Will and may be exercised as often as required, and without application to or approval by any court.
DISPOSITION OF ESTATE
Distribution of Residue
To receive any gift or property under this Will a beneficiary must survive me for thirty (30) days. Beneficiaries of my estate residue will receive and share all of my property and assets not specifically bequeathed or otherwise required for the payment of any debts owed, including but not limited to, expenses associated with the probate of this Will, the payment of taxes, funeral expenses or any other expense resulting from the administration of this Will. The entire estate residue is to be divided between my designated beneficiaries with the beneficiaries receiving a share of the entire estate residue. All property given under this Will is subject to any encumbrances or liens attached to the property.
I direct my Executor to distribute the residue of my estate as follows ('Share Allocations'):
1. All of the residue of my estate to __________ of __________, , for their own use absolutely.
Wipeout Provision
I HEREBY DIRECT that the residue of my estate or the amount remaining thereof be divided into one hundred (100) equal shares and to pay and transfer such shares as follows:
1. 100 shares to be divided equally between my parents and siblings, or the survivors thereof, for their own use absolutely, if all or any of them is then alive.
Individuals Omitted from Bequests
If I have omitted to leave property in this Will to one or more of my heirs as named above or have provided them with zero shares of a bequest, the failure to do so is intentional.
GENERAL PROVISIONS
No Contest Provision
If any beneficiary under this Will contests in any court any of the provisions of this Will, then each and all such persons shall not be entitled to any devises, legacies, bequests, or benefits under this Will or any codicil hereto, and such interest or share in my estate shall be disposed of as if that contesting beneficiary had not survived me.
Severability
If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect.
Signature
I, ____________________, the within named Testator, have to this last Will contained on this and the preceding pages, set my hand at __________, New Zealand, this 8th day of November, 2024 I declare that this instrument is my last Will, that I am of the legal age in this jurisdiction to make a will, that I am under no constraint or undue influence, and that I sign this Will freely and voluntarily.

_____________________
____________________

WITNESSES

This instrument was signed on the above written date by ____________________, and in our presence the Testator declared this instrument to be their last Will. At the Testator's request and in the presence of the Testator, we subscribe our names as witnesses hereto. Each of us observed the signing of this Will by ____________________ and by each other subscribing we witness and affirm that each signature is the true signature of the person whose name was signed. Each of us is now the age of majority, a competent witness and resides at the address set forth after their name.

To the best of our knowledge, the Testator is of the age of majority or otherwise legally empowered to make a will, is mentally competent and under no constraint or undue influence.

We declare under penalty of perjury under the laws of New Zealand that the foregoing is true and correct this 8th day of November, 2024, at __________, .

Signed by ____________________ in our presence and then by us in their presence.

Signature	_______________________	Signature	_______________________
Name	_______________________	Name	_______________________
Address	_______________________	Address	_______________________
	_______________________		_______________________
City/Town	_______________________	City/Town	_______________________
Postcode	_______________________	Postcode	_______________________

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Last Updated September 16, 2024

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What is a Last Will and Testament?

A Last Will and Testament is a crucial estate planning document that outlines your wishes for the distribution of your money and property after you pass away. The purpose of this document is to provide clarity and guidance to the people managing the administration of your estate. If you have minor children, you can also appoint a legal guardian for them in your Will.

Use LawDepot’s template to create your custom Last Will and Testament online and avoid the lengthy legal processes. Simply answer our user-friendly questionnaire, then download your PDF and print a copy to sign and execute according to New Zealand law.

How do New Zealand’s inheritance laws impact my estate plan?

The inheritance laws in New Zealand significantly impact how individuals should consider making a Last Will and Testament.

Understanding these laws can guide how you structure your Will so that you can ensure your wishes can withstand legal scrutiny, reduce the likelihood of successful disputes, and adequately provide for those you intend to benefit.

1. The moral duty to provide

Under the Family Protection Act 1955, a person has the moral duty to provide for certain family members (e.g., partners, children, and sometimes parents). This means, when drafting your Will, you should consider adequate provisions for these individuals to prevent potential claims against the estate. Neglecting this duty could result in the court reallocating estate assets in favour of claimants.

2. Testamentary promises

The Law Reform (Testamentary Promises) Act 1949 allows for someone to make a claim against an estate if they believe the deceased made them a promise in return for services or work, which was not fulfilled in the Will.

So, if you have made such a promise, it’s crucial to explicitly fulfil the promise in your Will. If you do not intend to keep your promise, you should tell the person you made the promise to and provide compensation for the services or work before your death. Taking these actions can reduce the risk of any successful claims against your estate.

3. Relationship property

Considering the Property (Relationships) Act 1976 anyone in a partnership must be mindful of how to address joint property in their Will. This includes understanding the distinction between separate and relationship property.

While you can gift your separate property, you cannot give away your partner’s share of relationship property in your Will. When you pass, your partner can choose to accept what they receive under your Will or apply to the court for half of the relationship property.

How do I write a Last Will and Testament?

Use LawDepot’s Last Will and Testament template to create a simple yet comprehensive estate plan. We offer affordable options in the form of a free trial subscription, a single document license, or a paid yearly subscription. Pricing details are available at the end of the document questionnaire.

To complete your Last Will and Testament, you’ll need to provide:

1. Testator information

The testator is the Last Will's creator, also known as the will-maker. Their assets are distributed when they pass away.

As the testator, you must include your full name, place of residence, and marital status, as these details affect the laws that apply to the distribution of your estate.

2. Executor information

Name someone as your executor (i.e., personal representative) and list their contact information. The executor of your estate is the person you appoint in your Last Will and Testament to carry out your final instructions. This person has legal authority to administer your Will.

You may have more than one executor. In this case, they must cooperate to administer your estate. It’s also best practice to name an alternate executor should anything prevent your first choice from carrying out your estate plans.

Choosing the right executor may be challenging, but it’s a crucial decision because your executor bears a large responsibility. This person should be someone you trust, who understands their duties, and who is willing to act as your personal representative.

You can appoint your spouse, a friend, a relative, or a professional (like a lawyer or accountant) to be your executor. In New Zealand, the law doesn’t explicitly disqualify certain people from serving as an executor based on profession, nationality, or relationship to the deceased. However, your executor cannot be a minor and must be of sound mind.

An executor’s duties may include:

Distributing your property and assets to your beneficiaries
Repaying your debts with money from your estate
Recovering money other parties may owe you
Filing necessary forms (including your final tax return)

3. Family details

Children typically have inheritance rights to their parents’ estates. As such, be sure to list all of your biological and legally adopted children.

You should also make a note if the child (whether a minor or an adult) is a dependent. For example, this might include adult children who are mentally or physically disabled. If you have dependent children, you can use your Will to appoint a guardian to care for them like a parent would.

4. Gifts and estate assets

First, name the beneficiaries you want to inherit your estate assets. You may name multiple beneficiaries and divide your estate between them as you choose. You’re free to designate specific gifts (e.g., a family heirloom) or a certain percentage of your estate to beneficiaries. You may list individuals or organisations as beneficiaries in your Will.

If you’re listing a charity, be sure to include its Charity Registration Number and New Zealand Business Number (NZBN). If you know the name of the charity you wish to donate to, you can find its registration number and NZBN on the Charities Services Register.

If you have an interest in Māori land, you can leave it to:

Your spouse or de facto partner
Your children
Your direct relatives
Members of the hapū associated with the land that are your blood relatives or other owners of the land
Your whāngai relatives
Trustees of anyone listed above

If you have minor beneficiaries, LawDepot’s Last Will and Testament template allows you to add a term for delaying their inheritance until they reach a certain age.

Keep in mind that there are some things you cannot give away in their Will:

Proceeds from programs that already have beneficiaries (e.g., life insurance or superannuation fund)
Jointly held property with rights of survivorship (i.e., the other owner automatically inherits the deceased’s share)
Your spouse’s separately owned property

Once you’ve addressed any specific gifts, you must name a recipient to inherit the remainder of your estate.

Finally, you add a total failure clause in case your listed beneficiaries cannot accept the inheritance. This clause states that the inheritance should be divided amongst the individuals of your choosing. Parents and siblings are common choices.

5. Final details

If you’d like to add specific instructions that aren’t already addressed in the questionnaire, you can write the clause yourself. For example, you may wish to forgive someone for an unpaid debt. In this case, our questionnaire provides a sample clause and writing tips to assist you.

Remember: you should avoid adding instructions for funeral plans, as it’s likely your Last Will won’t be read until after your funeral, and these instructions will not be legally binding.

Is a Last Will and Testament legally binding?

Yes, a Last Will and Testament is legally binding in New Zealand as long as it adheres to the legal requirements set out in the Wills Act 2007. For example, it must:

Be in writing
Be signed by the testator in the presence of at least two witnesses
Be signed by the witnesses in the presence of the testator and each other

In addition to this, you must complete your Will when you are of sound mind and under no undue influence.

“Sound mind” means that you understand the meaning of a Will, your relationship to your beneficiaries, and the consequences of how you choose to distribute your property in your Last Will.

A court may determine that a Will is void if it finds that the testator didn’t create and sign their Will freely and voluntarily.

The validity of a New Zealand Will abroad

Although a Will made in one country can be legally valid in another, it’s often practical to have a separate Will in each country where you hold significant assets. This simplifies the probate process, reduces the potential for legal challenges, and ensures specific local requirements are addressed.

If you have assets in multiple countries and need advice, you should speak to a professional.

How do I cancel my Last Will and Testament?

The most direct way to cancel your previous Will is by making a new one.

In New Zealand, the latest Will that is properly signed and witnessed automatically revokes any former ones (Wills Act 2007, § 16).

Our template simplifies this process, including a revocation clause automatically. As such, your new Last Will and Testament will clearly state that it revokes all previous Wills and Codicils. This explicit declaration ensures there’s no confusion about your most current intentions.

If you’re not replacing your Will, the safest way to cancel it is to destroy the document. This must be done with the intention of revoking the Will (ideally in the presence of witnesses to prevent any future disputes). Valid disposal methods include shredding, tearing, or burning the document.

Does a Last Will and Testament have to go through probate?

The need for probate depends on the specifics of the deceased’s estate, particularly the types of values and assets involved.

Situations that typically require probate include:

Real estate ownership: If you own real estate solely or as tenants in common, probate is usually needed to transfer or sell the property according to the Will.
Substantial assets: Banks, investment firms, and other financial institutions may require probate before releasing assets to your executor, especially if the amounts held are over certain thresholds (which can vary by institution).
Investments and shares: Probate is often necessary to confirm an executor’s authority to manage, sell, or transfer shares and other investments.
Insurance policies: If your insurance policy names your estate as the beneficiary (rather than specific individuals), probate may be needed to claim the policy benefits.

Your Last Will and Testament may not need to go through probate if you have a small estate. Some institutions may release the deceased’s assets if the value held is below a specific threshold and the beneficiaries meet certain requirements.

What’s more, assets held in joint tenancy, like homes or bank accounts, typically pass directly to the surviving owner(s).

Free Last Will and Testament

Create Your Free Last Will and Testament

Last Will and Testament

QGIrelandLanding

Your Last Will and Testament

What is a Last Will and Testament?

How do New Zealand’s inheritance laws impact my estate plan?

How do I write a Last Will and Testament?

Is a Last Will and Testament legally binding?

How do I cancel my Last Will and Testament?

Does a Last Will and Testament have to go through probate?

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