Section 8 — Wills Act 2007: Meaning of will

8 Meaning of will (1) Will means a document that— (a) is made by a natural person; and (b) does any or all of the following: (i) disposes of property to which the person is entitled when he or she dies; or (ii) disposes of property to which the person's personal representative becomes entitled as personal representative after the person's death; or (iii) appoints a testamentary guardian. (2) When this Act refers to making, changing, revoking, or reviving a will, it means a will as defined in subsection (1). (3) When this Act refers to a will in any other context, it means whichever is appropriate of the following: (a) a will as defined in subsection (1); or (b) a document that changes a will as defined in subsection (1); or (c) a document that revokes a will as defined in subsection (1); or (d) a document that revives a will as defined in subsection (1); or (e) a codicil to a will as defined in subsection (1). (4) A person who may dispose of property during his or her life by a document creating a valid power or trust may dispose of property by his or her will by creating a power or trust of the same kind. (5) In this section, property — (a) includes— (i) a contingent, executory, or future interest in property; and (ii) a right of entry to property; and (iii) a right of recovery of property; and (iv) a right to call for the transfer of title to property; and (b) does not include property of which a person is a trustee when he or she dies. (6) Section 108 of Te Ture Whenua Maori Act 1993 overrides this section. Compare: Wills Act 1837 ss 1 , 3 (UK)