New Zealand
New Zealand Wills and Estates Law: Wills, Probate, and EPAs
Planning what happens to your property, and who can make decisions for you if you lose capacity, is governed by a handful of New Zealand statutes: the Wills Act 2007, the Protection of Personal and Property Rights Act 1988 for enduring powers of attorney, the Administration Act 1969 for estates and intestacy, and the Family Protection Act 1955 for challenging a will. This section links to a guide on each.
This is general information about New Zealand wills and estates law, not legal advice. For your own situation, consult a lawyer or your local Community Law centre.
Making a will and planning ahead
A valid will has to meet the Wills Act 2007 formalities, and getting the witnessing wrong is the most common way a will fails. Just as important while you are alive is an enduring power of attorney, which names who can act for you if you lose capacity, either over your property or over your personal care and welfare.
After a death: probate and intestacy
When someone dies with a will, the executor usually needs probate, the High Court's confirmation of the will, before institutions will release assets. The small-estate threshold rose to $40,000 on 24 September 2025, though any land in the deceased's sole name always needs probate. When someone dies without a will, the Administration Act 1969 sets a fixed order of who inherits, and the estate is dealt with through Letters of Administration.
Challenging a will
A will can be contested under the Family Protection Act 1955 by a spouse or partner, children, and some other close family, on the ground that the will-maker did not adequately provide for them. That is different from challenging whether the will is valid at all. For how estates law fits with the rest of New Zealand's everyday law, see the New Zealand law guide.
Frequently Asked Questions
What makes a will valid in New Zealand?
Under the Wills Act 2007 the will-maker must generally be 18 or older, the will must be in writing and signed by the will-maker, and the signature must be witnessed by two people who are present at the same time. A witness, or their partner, should not be a beneficiary, or the gift to them may fail. If a document does not meet these requirements, the High Court can sometimes still declare it valid.
When is probate needed in New Zealand?
Probate is generally needed before banks and other institutions will release a deceased person's assets to the executor. Since 24 September 2025, estates under $40,000 can often be dealt with without a grant, up from the old $15,000 threshold. Any land held in the sole name of the person who died always needs probate regardless of value, and the separate threshold for shares and government stock stayed at $15,000.
Who can contest a will in New Zealand?
Under the Family Protection Act 1955, a spouse or partner, children, and in some cases grandchildren, stepchildren the deceased was maintaining, and parents can claim that the will-maker failed in a moral duty to provide adequately for them. A claim generally must be brought within 12 months of the grant of probate or administration. This is different from challenging whether the will is legally valid.
What happens if you die without a will in New Zealand?
The estate is distributed under the Administration Act 1969 in a fixed order. A surviving spouse or partner, including a de facto partner, takes the personal chattels plus a set statutory legacy plus a share of the rest, with children sharing the balance. If there is no partner or children, other relatives inherit in a set order. Someone must apply for Letters of Administration to deal with the estate.
Sources and References
- NZ Ministry of Justice: wills and estates legislation(justice.govt.nz).gov