Wills
Drafting, updating, and reviewing wills for individuals and couples in Auckland - clear, legally sound documents.
How we can help
A properly drafted will is the foundation of any estate plan and one of the most important legal documents you will ever sign. Under the Wills Act 2007, your will must meet specific formality requirements to be valid in New Zealand - including being in writing, signed by you in the presence of two witnesses, and reflecting your true intentions. At Indus Legal, our Auckland wills lawyers guide you through each of these requirements so your wishes are recorded clearly and cannot be easily challenged.
Many people delay making a will, but life events such as purchasing property, getting married, having children, entering a new relationship, or receiving an inheritance all create an urgent need to put your affairs in order. Without a valid will, your estate is distributed according to the Administration Act 1969 intestacy rules, which may not reflect your wishes and can cause significant distress for your family.
Whether you need a simple individual will, mirror wills for couples, or a more complex will involving testamentary trusts and specific bequests, our team at Indus Legal takes the time to understand your family circumstances and asset structure. We also advise on potential claims under the Family Protection Act 1955 and the Law Reform (Testamentary Promises) Act 1949, helping you structure your will to minimise the risk of disputes after your passing.
What we help with
- Drafting new wills for individuals and couples that comply with the Wills Act 2007
- Reviewing and updating existing wills after major life events such as marriage, separation, or the birth of a child
- Mirror wills and mutual wills for spouses and partners
- Wills incorporating testamentary trust provisions for asset protection
- Advising on potential Family Protection Act 1955 claims and how to structure bequests to reduce challenge risk
- Safe storage guidance and ensuring your executor knows where to find your will
Frequently asked questions
Does getting married or entering a civil union affect my existing will?
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Yes. Under section 18 of the Wills Act 2007, marriage or entry into a civil union automatically revokes any existing will unless the will was made in contemplation of that specific marriage or union. This means if you marry without updating your will, you are treated as having died intestate. We strongly recommend making a new will before or shortly after your wedding.
What happens if I die without a will in New Zealand?
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If you pass away without a valid will (intestate), your estate is distributed according to a fixed formula set out in the Administration Act 1969. Your spouse or partner receives a set share, with the remainder divided among children. This formula may not match your wishes - for example, it does not allow you to leave gifts to friends, charities, or specific family members. It can also lead to delays and additional legal costs for your family.
How often should I review my will?
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We recommend reviewing your will every three to five years, or sooner if you experience a significant life change such as separation, a new relationship, the birth or adoption of a child, a substantial change in assets, or the death of a named executor or beneficiary. Regular reviews ensure your will remains current and legally effective.
Ready to discuss your needs?
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