“Make a will!” they say. Yeah, yeah — add it to the list.
But sometimes, it’s actually urgent.
How do you know when that is?
It’s not just because you’re going overseas, about to have heart surgery, or have been diagnosed with cancer.
It is urgent if there’s a real risk of:
- The wrong people inheriting
- The right people facing extra stress, greater expense or paperwork, or conflict
- A complicated legal mess at the worst possible time
Let’s unpack that.
🔍 Step 1: Do you already have a will?
✅ YES — but check these key points:
| Question | Urgency | Action |
|---|---|---|
| Was it properly signed and witnessed? (check it here: https://kiwilaw.co.nz/wills/check-your-will.) | 🔴 Critical | If not, it’s not valid unless the High Court declares it so. Make a new will. |
| Does it say everyone was present when signing? | 🟠 Moderate | Still valid, but extra paperwork may be needed. If witnesses are hard to find, make a new will. |
| Have you married since making the will? | 🔴 Critical | Will is invalid unless it was made “in contemplation of” your current marriage. If not stated clearly, better to make a new will. |
| Have you divorced or separated? | 🟠 Moderate | Your ex usually can’t benefit, but it can still get messy. Make a new will. |
| Have you had more children since the will was signed? | 🔴 Critical | If only the older ones are named, the new ones might miss out. Make a new will. |
| Is your executor still alive and willing? | 🟡 Low | Not urgent, but consider updating your will. |
| Have your assets changed in a major way? | 🟠 Moderate | If what is described in the will no longer exists, someone may miss out. Make a new will. |
❌ NO — You haven’t made a will?
Here’s what happens by law if you die intestate (no will), under NZ rules:
🧭 Use this decision tree:
💥 When it gets messy — and urgent:
- Children all under 18, no spouse/partner: Someone has to apply to be their litigation guardian.
- No will = more paperwork: Notices must be given to all entitled relatives.
- Grieving relatives + legal red tape = unnecessary distress.
- No obvious executor = arguments over who should apply.
- Step-children, whāngai, or step-parents – miss out.
- Distant relatives or estranged family: may inherit by default.
- Nobody steps up: Government gets your assets.
🚦So… How Urgent Is It?
✅ You’re probably okay if:
- Your current will is valid.
- The right people will inherit.
- Those people can cope with the paperwork.
- There’s unlikely to be conflict.
❗ It’s URGENT if:
- Your old will is invalid or outdated.
- You’ve married/divorced/had children since your last will.
- The wrong people might benefit.
- The right people will struggle with the admin or fight each other.
🛠️ What to Do
You don’t need to spend a fortune or wait for perfection.
Minimum action:
- Buy a will kit and fill it out.
- Make sure it’s properly signed and witnessed.
Better option:
It’s guided, fast, and better than leaving a mess behind.
Or request blank will forms from Kiwilaw – but they come by mail, so it’s not as fast.
Final Word
If the right people will inherit, and they’ll cope, relax — no rush.
But if there’s any doubt —
✍️ Make a will. Tonight. Seriously.
Cheryl Simes – 3 July 2025