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Life changes. Your will should too.
A will is not a "set and forget" document. Certain events should prompt you to review whether your will still reflects your wishes and circumstances.
Many people make a will and then don't look at it again for years. This creates risk. The will you made when you were newly married with no children may be completely unsuited to your situation a decade later.
Some events even invalidate your will automatically. Knowing when to review helps ensure your planning remains effective.
Five life events that matter.
These events should prompt an immediate review of your will. The consequences of not reviewing can be significant.
Marriage or civil union
This is the most important trigger because marriage revokes your existing will. Under New Zealand law, when you marry or enter a civil union, any will you made beforehand is automatically cancelled.
If you die without making a new will after marriage, you die intestate and the legal formula determines who inherits.
Exception: A will made "in contemplation of" your specific marriage survives. This requires the will to expressly state it was made in anticipation of marrying a particular person.
Divorce or separation
Unlike marriage, divorce does not revoke your will. However, the law treats your former spouse as if they had died before you. This means they lose their role as executor and any gifts to them fail.
Separation is even more critical. If you separate but don't formally divorce, your will is completely unaffected. Your estranged spouse remains your beneficiary and executor.
Review your will immediately after separation. Don't wait for the divorce to be finalised.
Birth or adoption of children
Having children changes everything about estate planning. Your will needs to address:
- Who will care for your children if both parents die
- How and when children will inherit
- Whether trusts are needed to manage inheritance until children are mature
- Whether existing beneficiaries should have their shares adjusted
Appointing guardians is crucial. Your will is the place to name who you want to care for your children. Without this, the Family Court decides.
Significant asset changes
Major changes to what you own should prompt a will review. This includes:
Property creates specific issues. How you own property (joint tenancy vs tenants in common) affects whether it passes through your will.
Family relationship changes
Family dynamics shift over time. Your will should reflect your current family situation. Consider reviewing when:
- A beneficiary dies or becomes estranged
- An executor is no longer appropriate (age, health, location)
- A stepchild becomes part of your family
- A beneficiary develops special needs
- You become responsible for an elderly parent
Blended families need particular attention. Simple "everything to my partner" wills can inadvertently disinherit your children from a previous relationship.
Does this apply to you?
If any of these apply since you last made or reviewed your will, it's time for a conversation.
Checked one or more? Your will may need updating.
Get Your Will ReviewedReview every 3-5 years.
Even without a specific trigger event, reviewing your will every three to five years is good practice. Circumstances change gradually. The accumulation of small changes can mean your will no longer fits your life.
A review doesn't always mean a new will. Sometimes it confirms that your existing will remains appropriate. But that confirmation is valuable.
Key Takeaways
Marriage automatically revokes your existing will
Separation does not affect your will until divorce
Children require guardianship provisions
Review every 3-5 years regardless of events
Related Resources
Learn more about wills and estate planning.
Related Guide
Follow our step-by-step guide to creating or updating your will after major life events.
Read the Creating Your Will GuideRelated Reading
How Marriage and Divorce Affect Your Will
Marriage automatically revokes your will. Divorce doesn't. Understanding these rules is essential for protecting your estate plan.
What happens if someone dies without a will in New Zealand
When someone dies without a will, a fixed legal formula determines who inherits. This may not match what they wanted.