A will is a legal document that sets out who will inherit your property after your death.
If you die without one (known as dying intestate), and you have more than $15,000 in assets your family must apply to the High Court to access your estate.
The law – not you – decides who receives what. It’s a process that can be expensive, time-consuming, and stressful for loved ones. To avoid this, it’s worth having a valid and up-to-date will in place.
What makes a will valid?
Under New Zealand law, a will must:
■ Be in writing,
■ Be signed by the will-maker, and
■ Be witnessed by two people who are present at the same time as the will-maker signs.
If these requirements aren’t met, your will could be challenged or declared invalid.
What happens when you marry?
Section 18 of the Wills Act 2007 states that a will is automatically revoked when the will-maker marries or enters a civil union. There are two exceptions:
1. The will states that it was made in contemplation of a specific marriage or civil union, and that relationship takes place; or 2. The circumstances clearly show the will was made in contemplation of that relationship, even if it doesn’t say so.
If you marry and haven’t updated your will, and no exception applies, your will is considered revoked and your estate may be treated as if you died intestate.
A recent case: Estate of Watson
A recent High Court decision in Napier – Estate of Watson [2024] NZHC 3419 -dealt with this very issue. Mr W and Ms V had been in a de facto relationship since around 2000. They had four children together, and Ms V had one child from a previous relationship. On 24 October 2001, they each signed wills. Six years later, in December 2007, they got married.
Mr W passed away in January 2024. According to section 18(1), Mr W’s 2001 will would typically be revoked by his 2007 marriage. However, the Court was satisfied that his will was made in contemplation of that future marriage – even though it didn’t explicitly say so. The Judge relied on evidence of their long-term relationship at the time the will was signed, and the fact they each made wills on the same day.
Although the wills didn’t mirror each other entirely, they both made provision for the other in a way that reflected shared intentions for a lasting relationship. The Court ultimately upheld Mr W’s will as valid, despite it being signed six years before his marriage to Ms V. This case is a good reminder that while a Court can uphold a will made before marriage, it’s far safer to explicitly refer to the future marriage in the will or update it afterwards.
What about divorce or separation?
Unlike marriage, separation or divorce does not automatically revoke a will. If you separate or formally divide your relationship property but don’t update your will, your ex-partner could still inherit from you.
This applies even if your original will was made in contemplation of marriage and you’re separated or divorced at the time of death. If your earlier will names your former spouse as a beneficiary and no changes are made, they could still receive your assets – potentially against your intentions.
Why updating your will matters
Keeping your will up to date ensures that your wishes are clear and legally enforceable. It also spares your family additional stress, costs, and delays at an already difficult time. Major life changes like marriage, separation, having children, or acquiring significant assets are all good times
to review your will. Doing so offers peace of mind and avoids unintended consequences.
Damandeep is a Senior Associate in our family law and relationship property team, with 15 years’ experience. She mentors colleagues, leads complex matters, and is a Lead Legal Aid Provider. Before joining us, she worked in a national law firm and in South Auckland’s Family Courts. Damandeep holds a Master of Laws with First Class Honours, speaks English and Punjabi, and outside of work, enjoys travel and family life with her three young children.
