Annual Will Review Checklist NZ: When and Why to Update Your Will

Making a will is not a one-off task. New Zealand law contains several triggers that can invalidate or fundamentally alter your will without you doing anything — and life changes can make a technically valid will produce outcomes you never intended.

An annual review takes 30 minutes and catches problems before they become expensive surprises for your family. Here's what to check.

Automatic Invalidation Triggers

These are the situations where your existing will becomes void or is materially altered by operation of law, regardless of your intentions:

Marriage or civil union — under section 18 of the Wills Act 2007, getting married or entering a civil union automatically revokes your entire will. Unless the will was specifically made "in contemplation of marriage" to your named partner, it's void the moment the ceremony is complete. This is the most common trap — people marry and assume their existing will still applies.

Divorce — divorce doesn't revoke the whole will, but under section 19 of the Wills Act 2007, it does revoke any appointment of your former spouse as executor, trustee, or guardian, and any gift to them. The rest of the will stands. If your ex-spouse was your sole executor and main beneficiary, the will is technically valid but functionally broken.

Separation without divorce — separation has no automatic legal effect on your will. If you separate from your partner but don't update your will, they inherit exactly as the will provides. This catches separated couples who haven't formalised their split.

Life Event Checklist

Review your will whenever any of these occur:

• [ ] New child or grandchild — children born after the will was made aren't automatically excluded (they can claim under the Family Protection Act 1955), but naming them explicitly prevents ambiguity and potential court challenges
• [ ] Death of your executor — if your named executor has died or become unavailable, your will needs a new appointment. Without a functioning executor, the estate may need a court-appointed administrator
• [ ] Death of a beneficiary — if a named beneficiary predeceases you, what happens to their share depends on the will's wording. Many wills include substitution clauses ("to my daughter, or if she predeceases me, to her children equally") but not all
• [ ] Significant asset changes — buying or selling property, starting or closing a business, receiving a large inheritance, accumulating substantial KiwiSaver savings
• [ ] Moving to or from New Zealand — a will valid in NZ might not cover overseas assets, and foreign wills might not be recognised here. Cross-border estates often need separate wills for each jurisdiction
• [ ] Change in relationship status — new de facto relationship (remember, after three years a de facto partner has PRA rights regardless of your will), reconciliation after separation, new blended family situation
• [ ] Health changes — diagnosis of a terminal or degenerative illness makes will review urgent, particularly if you haven't set up EPAs and advance directives
• [ ] Your executor's circumstances change — if your executor has moved overseas, become seriously ill, or is no longer someone you trust with the role

Annual Review Questions

Even without a major life event, ask these questions once a year:

1. Is my executor still the right person? — willing, capable, geographically accessible, and someone I trust
2. Are all named beneficiaries still alive and still who I want to benefit? — relationships change, and a will that reflects a family dynamic from five years ago may not match today's reality
3. Does the will account for all my current assets? — a will written before you bought property, built up KiwiSaver, or started a business may not cover everything
4. Are my EPAs and advance directive aligned with the will? — your EPA attorney and your executor should work together, not against each other. An EPA appointing your sister and a will appointing your brother can create conflicts
5. Has any relevant law changed? — the September 2025 increase in the probate threshold from $15,000 to $40,000, for example, changed the estate planning calculus for many families
6. Are my digital assets addressed? — online accounts, cryptocurrency, password manager access. Digital assets are increasingly significant and most older wills don't mention them

How to Make Changes

If your review identifies needed changes:

Minor changes — a codicil (a formal amendment to the will) can handle small adjustments like changing an executor or adding a specific gift. A codicil must be executed with the same formalities as a will — signed by you and witnessed by two independent witnesses.

Significant changes — if the changes are substantial (new beneficiaries, different property distributions, restructured executor appointments), a new will is better than a codicil. The new will should include a revocation clause explicitly revoking all previous wills and codicils.

Always update the will and EPAs together — if you're changing your will, review your EPAs at the same time. They should name people who can work together, and they should reflect the same overall plan.

Our New Zealand End-of-Life Planning Guide includes the complete annual review framework — a structured walkthrough that coordinates your will, EPAs, advance directive, and asset inventory into one review session, with specific prompts for the New Zealand legal triggers that most generic checklists miss.

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