Wills Act 2007

Sections and provisions with full text and the judgments that cite each one.

Section Sch — Consequential amendments

Schedule Consequential amendments s 41 Family Courts Act 1980 (1980 No 161) Section 11(1): insert after paragraph (gc): “ (gd) the Wills Act 2007: ” . Life Insurance Act 1908 (1908 No 105) Section…

Section 2 — Commencement

2 Commencement This Act comes into force on 1 November 2007.

3 Purposes The purposes of this Act are to— (a) replace the Wills Act 1837 of the United Kingdom Parliament with an Act in plain language; and (b) change aspects of the law contained in the Wills Act…

Section 4 — Wills to which this Act applies

4 Wills to which this Act applies This Act applies to the wills of persons who die on or after 1 November 2007. Compare: 1977 No 55 ss 2(5) , 3(2)

Section 5 — Act binds the Crown

5 Act binds the Crown This Act binds the Crown.

Section 6 — Interpretation

6 Interpretation For the purposes of this Act, unless the context requires another meaning,— Armed Forces is defined in section 33 de facto relationship is defined in section 29A of the…

Section 7 — Meaning of valid

7 Meaning of valid (1) A will is valid if— (a) it complies with section 11 ; or (b) it is declared valid under section 14 . (2) An exercise of a power of appointment by a will that complies with…

Section 8 — 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…

Section 9 — Persons who may make, change, revoke, and revive wills

9 Persons who may make, change, revoke, and revive wills (1) A person of 18 years or over may make, change, revoke, and revive a will. (2) A person under 18 years may make, change, revoke, and revive…

Section 10 — Persons under 18 who agree to marry or enter civil union

10 Persons under 18 who agree to marry or enter civil union (1) A person under 18 years may make, change, revoke, and revive a will if— (a) he or she and another person have agreed to marry each…

Section 11 — Requirements for validity of wills

11 Requirements for validity of wills (1) A will must be in writing. (2) A will must be signed and witnessed as described in subsections (3) and (4). (3) The will-maker must— (a) sign the document;…

Section 12 — Witnesses

12 Witnesses (1) The person appointed as executor of a will may witness the will. (2) The validity of a will is not affected by the fact that a witness did not know that the document he or she was…

Section 13 — Witnesses affected by dispositions made to them

13 Witnesses affected by dispositions made to them (1) A disposition of property in a will is void if— (a) the disposition is to a witness; or (b) the disposition is to a witness's wife, husband,…

Section 14 — High Court may declare will valid

14 High Court may declare will valid (1) This section applies to a document that— (a) appears to be a will; and (b) does not comply with section 11 ; and (c) came into existence in or out of New…

Section 15 — Changes

15 Changes A valid will, or part of a valid will, may be changed, but only by one of the following means: (a) the change is— (i) written on the will; and (ii) signed and witnessed as described in…

Section 16 — Revocation

16 Revocation A valid will, or part of a valid will, may be revoked, but only by one of the following means: (a) the will-maker makes a later valid will; or (b) the will-maker writes a document that—…

Section 17 — Revival

17 Revival (1) A valid will, or part of a valid will, that has been revoked under any of section 16(a) to (d) may be revived, but only by one of the following means: (a) the will or the part complies…

Section 18 — Effect on will of will-maker marrying or entering civil union

18 Effect on will of will-maker marrying or entering civil union (1) A will is revoked if the will-maker marries or enters a civil union. (2) Subsection (1) is— (a) overridden by section 10 ; and (b)…

Section 19 — Effect on will of will-maker's marriage or civil union ending

19 Effect on will of will-maker's marriage or civil union ending (1) This section applies when— (a) a will-maker makes a will; and (b) after the will-maker makes the will, an order of a kind…

Section 20 — Effect on will of will-maker dying

20 Effect on will of will-maker dying (1) A will's words disposing of property apply to circumstances as they are when the will-maker dies. (2) Subsection (1) does not apply if the will makes it…

Section 21 — Disposition of land

21 Disposition of land (1) A disposition in a will of land must be read as referring to the interest in the land to which the will-maker is entitled when he or she dies. (2) A disposition in a will…

Section 22 — Disposition of movable property

22 Disposition of movable property (1) In this section, movable property — (a) includes— (i) a charge on, or an interest in a charge on, land in New Zealand; and (ii) an interest in the proceeds of…

Section 23 — Disposition to child

23 Disposition to child (1) This section applies when— (a) a will-maker makes a will disposing of property to a child ( child ) of the will-maker; and (b) the disposition is to the child as a named…

Section 24 — Disposition to issue

24 Disposition to issue (1) This section applies when a will disposes of property to the will-maker's issue without limitation as to the remoteness of the issue. (2) The property is to be held in the…

Section 25 — Disposition to unincorporated association of persons

25 Disposition to unincorporated association of persons (1) This section applies when a will disposes of property— (a) to an unincorporated association of persons that is not a charity; or (b) to or…

Section 26 — Disposition may encompass power of appointment

26 Disposition may encompass power of appointment (1) A disposition in a will that is capable of including property over which the will-maker has a power of appointment must be read as— (a) including…

Section 27 — Disposition of property already partly disposed of

27 Disposition of property already partly disposed of (1) This section applies when a will-maker— (a) makes a will; and (b) later disposes of an interest in property disposed of by the will. (2) The…

Section 28 — Disposition in fractional parts

28 Disposition in fractional parts (1) This section applies when— (a) a will disposes in fractional parts of— (i) all the will-maker's property; or (ii) the will-maker's residuary estate; and (b) a…

Section 29 — Residuary estate

29 Residuary estate (1) If a disposition of property in a will is unable to take effect, the property falls into the residuary estate. (2) Subsection (1) does not apply to property over which the…

Section 30 — Mutual wills

30 Mutual wills (1) This section applies when— (a) 2 persons make wills in which each— (i) disposes of property on which the 2 persons have agreed; and (ii) makes the disposition in a way on which…

Section 31 — Correction

31 Correction (1) This section applies when the High Court is satisfied that a will does not carry out the will-maker's intentions because it— (a) contains a clerical error; or (b) does not give…

Section 32 — External evidence

32 External evidence (1) This section applies when words used in a will make the will, or part of it,— (a) meaningless; or (b) ambiguous on its face; or (c) uncertain on its face; or (d) ambiguous in…

Section 33 — Definitions for this subpart

33 Definitions for this subpart (1) For the purposes of section 9(4) and this subpart,— Armed Forces is defined in section 2(1) of the Defence Act 1990 military or seagoing person means a person who,…

Section 34 — Military or seagoing persons may do informal testamentary actions

34 Military or seagoing persons may do informal testamentary actions (1) A military or seagoing person of any age may make an informal will containing any provision that may lawfully be contained in…

Section 35 — Oral informal testamentary actions

35 Oral informal testamentary actions (1) Subsection (2) applies when a military or seagoing person orally makes, changes, revokes, or revives an informal will. (2) The will, change, revocation, or…

Section 36 — Proof of informal testamentary actions

36 Proof of informal testamentary actions Informal testamentary actions may be proved by any evidence that the High Court considers sufficient, regardless of any provision to the contrary in any…

Section 37 — Certificate as to application of this subpart

37 Certificate as to application of this subpart (1) A certificate may be given under subsection (2) as to a fact that has to be proved to establish one of the following: (a) that at a material date…

Section 38 — Modification of provisions in application to wills of military or seagoing persons

38 Modification of provisions in application to wills of military or seagoing persons (1) Section 13(1)(a) and (b) do not apply to a valid will or an informal will if the will-maker was a military or…

Section 39 — Wills of persons who die before 1 November 2007

39 Wills of persons who die before 1 November 2007 (1) Schedule 1 of the Imperial Laws Application Act 1988 is amended by omitting “ The Wills Act 1837: sections 1, 3, 6, 9, 10, 13 to 31, and 33. ”…

Section 40 — Wills made before 1 November 2007

40 Wills made before 1 November 2007 (1) The subsections in this section must be applied cumulatively. This means, for example, that subsections (2), (3), and (4) apply to a will made in 1969. (2)…

Section 41 — Consequential amendments

41 Consequential amendments The enactments specified in the Schedule are consequentially amended in the manner indicated in the Schedule.