Why Every New Zealander Needs a Will

Most of us know that we should have a will, yet many New Zealanders delay writing one. In fact, Public Trust has estimated that nearly half of adult New Zealanders do not currently have a valid will. That’s a staggering statistic, especially when we consider the consequences of dying intestate (that is, without a valid will).

What happens if you die without a will?
In New Zealand, the Administration Act 1969 governs how an estate is distributed when someone dies intestate. The rules are rigid and formula-based, and while they aim for fairness, they rarely reflect what the deceased would have wanted.

For example:

• A surviving spouse or partner inherits all personal chattels, the first $155,000 of the estate (plus interest), and just one-third of the remainder.
• The rest is distributed equally among the deceased’s biological or legally adopted children.
• Stepchildren are not recognised under this scheme (unless legally adopted), even in long-standing families.

This “one size fits all” approach can be devastating for blended families, business owners, or those who wish to leave gifts to friends, charities, or non-traditional heirs.

The emotional and financial cost of intestacy
Without a will, families often face additional emotional stress during an already difficult time. Disputes can arise quickly when family members feel excluded or short-changed. Intestacy can also cause financial hardship, for example, if assets are tied up in lengthy legal processes rather than released promptly for dependants.

The NZ Law Society has noted that estate disputes (including those arising from intestacy) remain one of the most common areas of civil litigation. These disputes are expensive, time-consuming, and can permanently damage family relationships.

A will is about more than money
A will does not just divide property. It can:

• Appoint guardians for minor children.
• Ensure dependants are provided for.
• Protect business continuity by designating successors.
• Provide for charitable legacies or cultural obligations.

In short, wills are not only for the wealthy. They are essential for every New Zealander who wants certainty, control, and family protection.

The key takeaway
A well-drafted will ensures your wishes are honoured, your loved ones are protected, and your assets get distributed according to your own wishes. It can save your family from unnecessary legal costs, disputes, and distress. Writing a will is one of the simplest, most powerful steps you can take to safeguard your legacy.

The experienced team at MoranLaw can help you create your will and provide specialist guidance about the options available for gifts and distributions to achieve your goals. Get in touch today.