Why Do I Need a Will?
While a Will might not be the most talked about topic, planning for what happens after you're gone is one of the most caring and empowering things you can do for your loved ones. If you live in New Zealand and you want to make life easier for your loved ones, protect your assets, and make sure your wishes are honoured, having a Will is a no-brainer.
Still not convinced? Let’s break it down.
1. You Get to Decide Who Gets What
Without a Will, your estate is distributed under the Administration Act 1969, which follows a strict legal formula. That means:
Your spouse, children, or parents might not inherit the way you'd expect
Stepchildren or close friends could be left out entirely
The government decides how everything is split
With a Will, you’re in control. You can:
Leave specific gifts to people, charities, or organisations
Pass down family heirlooms or sentimental items
Make sure your partner and children are looked after the way you want
2. You Choose Who Carries Out Your Wishes
In a Will, you name an executor to manage your estate. This is the person responsible for paying debts, filing paperwork, and distributing your assets.
If you don’t have a Will, someone has to apply to the court to be your administrator - which can lead to delays, disagreements, or even disputes over who should take on the role.
Choosing your own executor means:
Less stress for your family
A smoother, faster process
Peace of mind that someone you trust is in charge
3. You Can Name Guardians for Your Children
If you have children under 18, a Will lets you nominate guardians to care for them if you and the other parent both pass away.
Without a Will, the Family Court will decide who becomes their legal guardian. While they’ll do what they believe is best, it may not reflect your personal preferences or family dynamics.
Naming guardians ensures:
Your children are raised by people you trust
You have a say in their future upbringing
Fewer legal hurdles for your whānau during a tough time
4. You Can Prevent Disputes and Delays
No one wants to imagine their family fighting after they're gone, but sadly, it happens in even the closest of families. When there’s no clear direction, misunderstandings or resentment can bubble up fast.
A legally valid Will helps:
Prevent conflict among surviving family members
Reduce the chance of claims under the Family Protection Act 1955
Speed up the administration of your estate
Clarity and communication are your best friends when it comes to estate planning.
5. You Can Make Things Easier for Your Loved Ones
Grief is hard enough. Without a Will, your family may face:
Court processes
Legal fees
Delays in accessing funds
A Will simplifies the process and provides comfort by letting your whānau focus on healing, not paperwork.
6. You Can Support Causes You Care About
Do you want to leave a gift to a charity, school, or community group? A Will is one of the best ways you can make your intentions known.
Including a bequest in your Will can:
Support causes close to your heart
Leave a lasting legacy
Reflect your values and life story
7. Life Changes - So Should Your Plans
Got married? Had kids? Bought a house? Got divorced? All of these events can affect your Will.
In fact, getting married automatically revokes any existing Will (unless it was made in contemplation of the marriage), and new family structures can complicate things.
Having an up-to-date Will means:
Your estate reflects your current life and relationships
You're prepared for whatever life throws at you
No nasty surprises for your family later
So, Do You Really Need a Will?
In short: yes!
A Will isn’t just for the wealthy or elderly - it’s for anyone who wants to make life easier for their loved ones and ensure their wishes are respected. It’s a practical, empowering, and surprisingly simple step you can take today.
Because the only thing worse than not being around anymore is leaving behind a legal mess for your whānau to clean up.
Take control. Make a Will. It’s your Will, your Story, It’s that simple.
