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05 Aug 2026

Why having a will is one of the kindest things you can do for your family

Nobody likes thinking about their own death. But here's the thing: avoiding it doesn't protect your family. It just leaves them to deal with the consequences at the worst possible time.

A will is not a morbid document. It's a practical, generous act that gives the people you love clarity, protection, and peace of mind when they need it most.

What is a will?

A will is a legal document that sets out what you want to happen to your assets after you die. Your assets (called your estate) can include your home, savings, investments, vehicles, personal belongings, and anything else of value you own.

Your will also names an executor, the person responsible for carrying out your wishes. That might be a family member, a trusted friend, or a professional like a lawyer.

If you have children under 18, your will is also where you name a guardian, the person who would care for them if both parents were gone. That alone is reason enough to have one.

What happens if you don’t have one?

If you die without a will, you die intestate. That's the legal term for having no will in place, and it triggers a set of rules that decide how your estate is divided, regardless of what you would have wanted.

Those rules don't account for your relationships, your wishes, or your family's actual needs. A partner you lived with for years but never married may receive nothing. A friend you wanted to recognise gets nothing. Assets you intended for a specific person may end up somewhere else entirely.

On top of that, your family is left to navigate a more complicated legal process while they're grieving. It takes longer, costs more, and can create real tension between people who are already under enormous stress.

Who needs a will?

Anyone who owns anything. Anyone who has children. Anyone who has a partner, especially if you're not married. Anyone who cares about what happens after they're gone.

That's most adults. Yet research consistently shows that a large proportion of New Zealanders don't have a current, valid will in place.

What should a will cover?

At minimum, a good will should cover who receives your assets, who your executor is, and if relevant, who would care for your children. It can also include specific gifts to individuals or organisations, funeral wishes, and instructions for things like digital accounts or sentimental items.

How do you make one?

You need to see a lawyer. A valid will must be signed in front of two witnesses who are not beneficiaries under the will. Getting it wrong can make the document invalid, which creates exactly the problems you were trying to avoid.

At OC Law, we make the process straightforward. We'll talk through your situation, help you think through what you want to cover, and prepare a will that clearly reflects your wishes.

Review it regularly

A will isn't set and forget. Marriage, separation, new children, significant assets, and major life changes can all affect whether your will still reflects what you actually want. We recommend reviewing yours every three to five years, or after any significant life event.

Ready to get yours sorted? Get in touch with the OC Law team today. oclaw.co.nz