Do I Need A Lawyer To Write A Will?

6 February, 2026 | Kimberley Brown

Writing your own Will or using a DIY Will Kit may seem like an easy and cost-effective option. However, while a homemade or online Will may appear to save money upfront, it will often cause major complications and costs in the long run. Learn why getting legal advice ensures your Will is valid, effective, and truly reflects your wishes.

What is a Will?

A Will is a legal document governed by strict rules under the Wills Act 2007 and is one of the most important documents you will ever sign. If any part of a Will is incorrect, unclear, or improperly signed, it could be challenged or even declared invalid.

Getting it right the first time ensures your family’s future is protected, your estate is distributed as you wish and the process is simple for those you leave behind.

Why a lawyer’s advice matters

A lawyer ensures that:

• Your Will meets all legal requirements to be valid;
• Executors and beneficiaries are correctly and fully named;
• Your assets are clearly and lawfully distributed;
• The Will can withstand potential claims under the Family Protection Act 1955, Law Reform (Testamentary Promises) Act 1949, or Property (Relationships) Act 1976.

Common DIY mistakes

We often see homemade Wills that:

• Are incorrectly witnessed or signed;
• Leave out full legal names;
• Forget to appoint an executor;
• Do not distribute the entire estate;
• Contain crossed-out words, stains, or staple marks that delay Probate;
• Are ambiguous or unclear; or
• Use wording that changes the legal meaning entirely.

Even minor errors can require multiple affidavits, months of delay, and thousands in extra legal fees before your estate can be distributed.

FAQs

• Do I need a lawyer if my estate is simple?

Yes. Even with few assets, the formal signing requirements and correct wording are crucial. A lawyer ensures your Will is valid and that nothing is accidentally left out.

• Can I update my Will later?

Changes (called “codicils”) must also meet strict witnessing and signing rules. If you want to have assurance that your Will is valid, instructing a lawyer is the smarter choice.

• What happens if my DIY Will is invalid?

If your Will is invalid, your estate may be distributed under the Administration Act 1969 as if you had no Will at all. This can lead to delays, disputes, and outcomes you did not intend.

How do I make sure my Will is valid?

For help preparing your Will, contact us today at kimberley.brown@smithpartners.co.nz or call (09) 837 6847. Kimberley is a Legal Executive in Smith and Partners’ Private Client team; she works under the supervision of Director, Carolyn Ranson, who has many years’ experience in both Estate Planning and Estate Litigation, ensuring your Will is prepared with the highest professional and legal standards.