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Wills

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.

Did you know? Marriage automatically revokes your existing will.
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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.

Key Triggers

Five life events that matter.

These events should prompt an immediate review of your will. The consequences of not reviewing can be significant.

1

Marriage or civil union

critical priority
Consequence Will is automatically revoked

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.

2

Divorce or separation

high priority
Consequence Will may not reflect your wishes

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.

3

Birth or adoption of children

high priority
Consequence Children may not be provided for

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.

4

Significant asset changes

medium priority
Consequence Will may not cover new assets properly

Major changes to what you own should prompt a will review. This includes:

Buying property
Receiving an inheritance
Selling a business
KiwiSaver growth
Overseas assets
Investment changes

Property creates specific issues. How you own property (joint tenancy vs tenants in common) affects whether it passes through your will.

5

Family relationship changes

medium priority
Consequence Named people may no longer be appropriate

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.

Quick Assessment

Does this apply to you?

If any of these apply since you last made or reviewed your will, it's time for a conversation.

I've gotten married or entered a civil union
I've separated from my partner
I've had or adopted a child
I've bought or sold property
I've received a significant inheritance
A beneficiary or executor has died
I've entered a new relationship
My KiwiSaver balance has grown significantly
I've started or sold a business
A family member needs special provision

Checked one or more? Your will may need updating.

Get Your Will Reviewed
Best Practice

Review 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.

3-5 Years
Review

Key Takeaways

01

Marriage automatically revokes your existing will

02

Separation does not affect your will until divorce

03

Children require guardianship provisions

04

Review every 3-5 years regardless of events

Related Guide

Follow our step-by-step guide to creating or updating your will after major life events.

Read the Creating Your Will Guide

Time for a review?

If any of these life events apply to you, it's worth having your will reviewed. We can help you assess whether updates are needed and ensure your planning reflects your current circumstances.

Or call us on 06 835 7394

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