How can I get a copy of someone’s will after they have died?

Often Kiwilaw is asked how someone can get a copy of their parent’s will, or maybe their grandparent’s, because the enquirer believes they should have inherited something.

There is no requirement in New Zealand for wills to be registered or to be publicly searchable, except through the probate process.

So it can be a bit challenging.

Ask the High Court

If the deceased left property (including money) worth more than $15,000, or whatever the equivalent specified sum was at the time of their death, someone should have applied for probate or letters of administration.

You can ask the Probate Unit of the High Court whether they have a record of any such application. Contact probate@justice.govt.nz or phone 04 914 3600.

The search costs $30 and you can get a copy of whatever grant of administration was made. If there was a valid will, there should be ‘probate’ (to an executor) or ‘letters of administration with will annexed’ (if the grant was made to someone who was not a named executor. That document will include a copy of the will. If there was no will, the document will be ‘letters of administration on intestacy’.

If all of this happened before 2004, it’s a bit trickier to search because the Probate Unit’s indexes are manual rather than on computer. Probate applications were also not centralised, so you may need to ask at the High Court office that is nearest to where the person died.

You don’t have to be a close relative. This search can be done by anybody.

Ask Archives New Zealand

If it’s more than 25 years ago, the High Court will no longer hold the file. Try Archives New Zealand, which is where the files go (permanently) after 25 years.

Ask Public Trust and the NZ Law Society

You can ask the Public Trust in case they held the will.

You can also make a ‘will enquiry’ through the NZ Law Society – this asks any lawyer who holds a will for that person to contact you. A fee is charged for this. Your enquiry is published in the weekly email bulletin that goes to all New Zealand lawyers. It is also put on the NZLS website.

Even if a lawyer or the Public Trust hold a will, they will check your credentials before they tell you anything.

Ask family members

You can ask family members.

Research land transactions

If the deceased owned land, there should be a record of it passing to the executor or administrator, or to the beneficiaries of the estate.

Search the land register for land previously or currently held by the deceased . You don’t need to use a lawyer or search agent for this, you can now do it yourself online.

If the deceased owned Maori land, search Maori Land Court records for any orders made about that land.

Does someone have to inform me?

If you are a beneficiary under the will, the trustee (executor) is now required to inform you. Usually they will give you a copy of the will.

If you are not a beneficiary under the will, the executor is not required to provide a copy to you. However, if you have grounds to claim against the estate, and if you give notice that you intend to make a claim, you will be given a copy of the will as part of the preliminary steps before you decide whether to go to court. (Note – once you give notice you are going to make a claim, there are deadlines to meet. Get legal advice before you say anything in writing about making a claim.)

It’s only recent and I want to be informed

If you think there is a will and you want to be informed before probate or letters of administration are granted, and you believe you are a beneficiary who has not been contacted, you can lodge a caveat with the High Court.

This can only be done before probate or letters of administration are granted.

You need to have a good reason. When someone applies for probate or letters of administration, you will then be given an opportunity to explain why probate or letters of administration should not be granted – and a copy of the application documents (including the will).

You can use Kiwilaw’s online caveat document to prepare the caveat, if you want (for $138). (There’s more information at that link – you can read it, before you pay anything or go ahead.)

Be aware – you will need to withdraw the caveat promptly if you find out there is no good reason to argue that the will itself is not legally valid (which is different from arguing that it should have said something different – that’s a different process).

In conclusion

Start with the easy methods. Stay civil when you approach family members. Don’t assume the worst. Get legal advice if necessary.

For more information about getting a copy of a will, see the MOJ’s webpage here – the relevant information is in the lower part of the page: https://www.justice.govt.nz/courts/high-court/apply-for-probate-and-get-copy-of-will/ .

Cheryl Simes – 26 March 2021, updated 7 September 2023