The Smart Way to Make Your Will: A Guide to Valid Online Wills in NZ

• A startling 50% of New Zealand adults do not have a will, which can lead to their assets being distributed according to rigid legal formulas, not their personal wishes.
• For a will to be legal in NZ, it must be in writing, signed and dated by you, and witnessed by two independent people who are not beneficiaries of the will.
• A comprehensive will allows you to appoint an executor to manage your estate, name beneficiaries to receive your assets, and appoint a guardian to care for your minor children.

It’s a figure that always gives us pause. Half. Think about that for a moment. It means half of us are leaving the fate of everything we’ve worked for entirely to chance.

When you die without a will, a situation known as 'intestacy', you don't get a say in what happens next. Instead, the law steps in. The Administration Act 1969 dictates a strict formula for how your property and assets are divided. In our experience, this formula does not always match what people would have actually wanted. It can lead to unintended consequences, excluding partners in a de facto relationship or beloved stepchildren, and adding a layer of legal complexity and stress for the family you leave behind.

But there’s good news. The process of making a will has changed. You no longer need to schedule multiple appointments or feel intimidated by a formal process. The rise of online wills has made estate planning more accessible than ever, a trend confirmed by recent data showing that 70% of new wills are now initiated online.

This guide is our way of demystifying the process. We'll walk you through everything you need to know about making a will in NZ, from the legal nuts and bolts to the practical steps. It's about empowering you to protect your loved ones and secure your legacy, simply and effectively.

A will is so much more than a financial document. It’s a final act of care for the people who matter most to you. With New Zealanders set to inherit an estimated $1.6 trillion over the next 25 years, the importance of clear instructions cannot be overstated. A well-prepared will provides clarity and peace of mind during an already difficult time.

In our work with families, we've seen first-hand how a will can minimise disputes and emotional turmoil. It's your opportunity to make crucial decisions, ensuring your wishes are respected. This includes not just who gets your house or your KiwiSaver, but also specifying your funeral preferences or making arrangements for the care of a treasured pet.

One of the most critical functions of a will, and one that is often overlooked, is the ability to appoint a guardian for your minor children.

Without a will, you have no control. Your estate is distributed according to the Administration Act, which may not align with your modern family structure or personal relationships. A legal will is the best way to help ensure your assets go to the people you intend, in the way you intend.

Yes, online wills are absolutely legal and valid in New Zealand, provided they meet the specific legal requirements. It's a common question we get, and the confusion is understandable. The "online" part refers to the creation process, not the final legal document itself.

To be a valid legal document, your will must comply with the Wills Act 2007. The key requirements are:

• It must be in writing. .
• It must be signed and dated by you (the will-maker).
• It must be signed by two witnesses. These witnesses must be present with you when you sign your will and must see you sign it.

The most critical rule, and a common mistake we observe, relates to the witnesses. A witness (or their spouse or partner) cannot be a beneficiary in the will. If they are, any gift or bequest to them will fail. The will itself remains valid, but they won't receive what you intended to leave them. So, when you use an online service to create your will, you'll still need to have the final document printed and have it properly signed and witnessed in person to make it legally binding.

Choosing how to create your will depends on your personal circumstances and comfort level. Both online and traditional methods can result in a perfectly valid will, but they offer different experiences.

Convenience and Speed

This is where online wills truly shine. You can create your will from your kitchen table, at any time that suits you. There's no need to take time off work or travel to a lawyer's office. The process is self-paced, allowing you to gather your thoughts and information without pressure and provide initial instructions.

Cost

Affordability is a major driver for people choosing to make a will online. This can reduce the number of in person appointments for some people.

The Process and Lawyer Involvement

The biggest misconception about online wills is that you're completely on your own. This is not the case.

While some basic template services might be, reputable online will providers have built-in safeguards. The traditional process involves a face-to-face meeting to give instructions, followed by a lawyer drafting the document. An online process replaces that initial meeting with a guided online questionnaire.

The best online services, however, don't remove the expert oversight. They combine the efficiency of technology with professional expertise. For example, our service ensures the final document is checked by a lawyer before having you attend our office to discuss and then proceed to signing if appropriate. This hybrid approach gives you the convenience of an online service with the confidence that a legal professional has reviewed your instructions, ensuring your will is robust and legally sound.

Ready to get it done? The process is more straightforward than you might imagine. We've broken it down into five simple steps.

Step 1: Gather Your Information

Before you start, it helps to have a clear picture of your estate and your wishes. Take a few minutes to think about:

• Your Assets: Make a list of your significant property and assets. This includes your house, bank accounts, investments, KiwiSaver, life insurance policies, vehicles, and any items of special value.
• Your Beneficiaries: Who do you wish to leave your assets to? List the full legal names of the people, charities, or organisations.
• Your Executor: Who do you trust to be the executor of your estate? This person will be responsible for carrying out your will's instructions. It's wise to name a backup executor as well.
• Guardians: If you have minor children, decide who you would want to appoint as their guardian.

Step 2: Use a Guided Online Service

This is where our service comes in. We’ve designed a process that makes creating your will as simple as possible. To get started, you simply answer a series of straightforward questions on our online platform. The system guides you through each section, covering your assets, beneficiaries, executor, and any specific gifts or wishes you have.

Step 3: Lawyer Review and Confirmation

This is a crucial step that provides peace of mind. Once you've completed the online form and submitted your instructions, one of our experienced Hastings-based lawyers personally reviews everything. We check for clarity, consistency, and any potential legal issues. This ensures the document accurately reflects your wishes and meets all the requirements of a valid will. The fee for completing your will is determined by the complexity of your affairs, and we always provide you with an estimate for your approval before we commence any work.

Step 4: Print, Sign, and Witness Your Will

After our review, we'll arrange for an appointment with you to discuss your affairs and if appropriate sign the same. Remember the golden rule: your witnesses cannot be beneficiaries. Choose neighbours, colleagues, or friends who are not named in your will.

Step 5: Store it Safely

Your original, signed will is an important legal document. Store it in a safe place where it won't be damaged or lost. Just as importantly, tell your executor where it is. A will that can't be found is no use to anyone. For our clients you are able to store your will with our office for safe keeping.

When you make a will, you formally appoint people to three important roles.

The Executor is the person (or people) you appoint to be in charge of your estate after you pass away. They are responsible for obtaining probate if needed (the High Court's approval of the will), paying any debts, and distributing your assets to the beneficiaries according to your instructions. You should appoint someone you trust to be organised and responsible.

A Beneficiary is any person or entity who you leave a gift to in your will. You can make specific gifts (like a piece of jewellery to a friend) or leave a portion of your overall estate (the 'residue') to one or more people.

A Guardian is the person you appoint to have responsibility for the day-to-day care of your minor children. This is arguably the most important decision a parent will make in their will.

We are big advocates for the accessibility of wills, but we're also committed to giving honest advice. Online wills are ideal for people with straightforward financial and family situations. However, there are times when the complexity of your affairs warrants tailored, face-to-face and thorough legal advice.

In our experience, we strongly recommend seeking direct legal advice from a lawyer if your situation includes:

• Complex Family Structures: This includes blended families with children from previous relationships, or if you are in a de facto relationship with complicated relationship property.
• Business Ownership: If you own a company or have shares in a business, your will needs to handle this correctly.
• Family Trusts: If you have a family trust, your will needs to be drafted with consideration to the trust.
• Excluding a Dependent: If you wish to leave someone out of your will who might have a legal claim on your estate (like a spouse or child) under the Family Protection Act 1955.
• Overseas Assets: If you own significant property or assets in another country.

For these scenarios, a standard online will may not be sufficient to protect your assets and ensure your wishes are carried out effectively.

_Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal advice. While we strive to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, or suitability of the information. Any reliance you place on such information is strictly at your own risk. We recommend consulting with a qualified legal professional for advice tailored to your specific circumstances.