DIY wills in New Zealand: what are the risks?

by: Jenny Turner, Partner

6 September 2026

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Disclaimer

The information in these articles is general information only, is provided free of charge and does not constitute legal or other professional advice. We try to keep the information up to date. However, to the fullest extent permitted by law, we disclaim all warranties, express or implied, in relation to this article – including (without limitation) warranties as to accuracy, completeness and fitness for any particular purpose. Please seek independent advice before acting on any information in this article.

Making a will is one of the most valuable gifts you can give your whānau, yet many people hesitate because they worry about cost or complexity.

A professionally prepared will provides clarity, protection and peace of mind, reducing the risk of disputes and delays at a difficult time. When measured against the potential cost of sorting out mistakes later, tailored legal advice is always better value than a do‑it‑yourself kit.

What makes a will valid in New Zealand?

New Zealand law sets specific formal requirements for a valid will, including the signing and witnessing rules under the Wills Act 2007. Following a person’s death the High Court requires evidence that these requirements were met before it will grant probate, unless a court order is obtained to validate a non‑compliant will. If these basic formalities are not satisfied, additional time and cost will be incurred before the will can be acted on.

The risks of will kits

Will kits are not designed with blended families in mind. A growing number of couples are in their second relationship, have children from different partners, or have particular reasons for not leaving their estate in simple shares. They may also need to comply with relationship property agreements and factor in trusts as part of their estate planning.

Ambiguous or generic wording in kits can produce unintended outcomes, requiring the High Court to interpret or validate the document before probate is granted. If part or all of a will fails, a person’s estate may be distributed under the default intestacy rules rather than in accordance with the will maker’s wishes.

DIY kits often assume straightforward circumstances. For example, they cannot:

  • test whether the legal formalities were met, such as whether both witnesses were present together when the will was signed;
  • assess the will maker’s capacity to sign; and
  • identify conflicts that may later invite challenge or create family disputes.

How a solicitor adds value

A solicitor can obviously be relied on to get the compliance and validity of your will right.

In addition, a solicitor will advise a will maker on their legal obligations to consider and provide for eligible family members (for example, a spouse or children), address relationship property considerations and help assess how best to give effect to your wishes against the risk of later claims.

A reassuring next step

If you have been putting off making a will, the process is more straightforward and supportive than you might expect. A brief, focused meeting with a solicitor can translate your wishes into a clear, legally robust will, helping your loved ones when it matters most. For practical, tailored guidance, speak with our team about preparing or reviewing your will.

 

Jenny Turner, Partner – Wynn Williams Property team

Ally Taylor, Solicitor – Wynn Williams Property team

Disclaimer

The information in these articles is general information only, is provided free of charge and does not constitute legal or other professional advice. We try to keep the information up to date. However, to the fullest extent permitted by law, we disclaim all warranties, express or implied, in relation to this article – including (without limitation) warranties as to accuracy, completeness and fitness for any particular purpose. Please seek independent advice before acting on any information in this article.

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