Wills and Estate planning guide in New Zealand
14/02/2025
Devdatt Nerurkar
Founder of WiserWill
Who can witness my Will?
Many of our customers ask this question after creating their Will: “Who will witness it?” From what we have seen, the main worry is that the Testator thinks they will have to reveal all the details of their Will to the witnesses. That is where many people feel uncomfortable – finding two witnesses for the final step of signing the Will.
Here is some good news: your witnesses do not need to see the contents of your Will. They only need to be present when you sign the document. On the last page of the Will, there is a section just for signatures. The Testator signs in front of the two witnesses, and then the witnesses sign and fill in their own details. This means the witnesses will not know what is written in your Will unless you choose to share it with them. It is completely up to you.
Your Will only becomes a legal document once the Testator signs it in front of two witnesses, and those two witnesses sign on the last page.
A quick tip: the Testator should also initial or sign at the bottom or top corner of every page (either with initials or a full signature) and then provide a full signature on the last page. Once this is done, your Will is legally valid in court.
Who can be a witness?
Here are some key points to remember:
- You need two witnesses for your Will.
- Witnesses cannot be Beneficiaries of the Will or direct relatives of any Beneficiary.
- Witnesses must be legal adults and in sound mental health.
- The Testator must sign the Will in front of both witnesses, and the witnesses sign to confirm they saw you sign.
If the courts ever require witnesses to testify, the two people you choose must be willing and able to appear in court. General advice: It is a good idea to choose witnesses (and even Executors) who are younger than you. That way, there is a higher chance they will still be around when the time comes for your Will to be executed. By now, you can see just how important witnesses are and how crucial it is to sign your Will properly to make it legally valid.
