Wills Act 2007 Triggers

When to Update Your Will

A Will is not a set-and-forget document. Under New Zealand property and estate law, major life events like marriage, separation, or divorce automatically revoke or alter your legal covenants. We help you review and update your Will to keep it valid.

Review Your Existing Will

The Separation Blindspot

While a formal High Court divorce revokes gifts to an ex-spouse, **separation does not revoke a Will**.

Estranged Partner Risks: If you separate but pass away before obtaining a formal dissolution order (divorce), any Will drafted during the relationship remains fully active. Your estranged spouse will still inherit your estate.

How Relationship Changes Affect Your Will

Section 18: Entering Marriage or Civil Union

Under Section 18 of the Wills Act 2007, entering into a marriage or civil union automatically revokes (cancels) any existing Will you have, unless the Will explicitly states it was drafted "in contemplation of marriage" to that specific partner.

The Danger: If you marry without updating your Will or using the contemplation clause, you will die intestate. Your estate will be distributed under default laws rather than your choices.

AUTOMATIC REVOCATION

Section 19: Divorce & Marriage Dissolution

Under Section 19 of the Wills Act, obtaining a formal dissolution of marriage or civil union automatically revokes any gifts made to your ex-spouse and cancels their appointment as executor, unless the Will states otherwise.

The Separation Gap: Because separation holds no default revocation status, you must immediately draft a new Will upon separating to protect assets before the formal divorce is finalized (which takes at least 2 years).

STATUTORY CANCELLATION

Relationship Status Impact on Existing Wills

Relationship Event	Legal Effect on Will	Filing / Action Required
Entering Marriage or Civil Union	Automatically Revokes Will (unless drafted in contemplation of marriage).	Draft a new Will immediately or include a contemplation clause.
Separation (Estranged)	No effect. Will remains active. Partner still inherits.	Draft a new Will immediately post-separation to exclude estranged partner.
Formal Divorce (Dissolution Order)	Revokes gifts & executor appointments for ex-spouse automatically.	Update Will to assign new executors and redistribute revoked legacies.
Entering De Facto Relationship	Does not automatically revoke Will, but partner gains claim rights under Relationship Property Act after 3 years.	Execute a Contracting Out Agreement (Prenup) and update Will in tandem.
De Facto Separation	Does not automatically revoke gifts. Partner can claim relationship splits.	Settle property splits and execute a new Will immediately.

The Ademption Trap: Failing to Update Assets

Ademption occurs when you bequeath a specific asset in your Will (e.g. a specific property or vehicle), but that asset is sold, destroyed, or upgraded before you pass away. The gift fails (adeems), leaving the beneficiary with nothing:

Clause in Will	Action Before Death	Result at Settlement
"I leave my home at 15 Orakel Road, Remuera to my son."	You sell Orakel Road and purchase a home at 12 Victoria Ave.	Gift Adeems. Son receives nothing. Victoria Ave home falls into residue.
"I leave my Mercedes-Benz car to my daughter."	You sell the Mercedes-Benz and purchase an Audi.	Gift Adeems. Daughter receives nothing (unless Will clause says "or any replacement vehicle").
"I leave my shares in XYZ Co to my partner."	XYZ Co goes bankrupt or is bought out, shares convert to cash.	Gift Adeems. Partner receives no equivalent cash value.

1. Children & Guardians

Welcoming biological children, adopted children, or grandchildren. You must update your Will to appoint legal guardians for minor children, and establish testamentary trusts to hold assets until they reach mature ages (e.g. 21 or 25).

Guardian Appointments

2. Estate Valuation Changes

Acquiring major property titles, receiving inheritances, starting family trusts, or executing commercial business share transfers. Your asset distributions must be coordinated with these new entities.

Asset Expansion

3. Executor Incapacity

If a named executor passes away, loses mental capacity, moves overseas, or declines to act. Having no active named executors requires a slower High Court Letters of Administration application at death.

Executor Reviews

Schedule a Will Review with Ian Mellett

Ensure your Will is legally valid following marriage, divorce, separation, or property sales. Request an upfront quote today.

Request a Will Quote

Frequently Asked Questions

It is a specific clause inserted into a Will that overrides the default Section 18 rule. It states that the Will is made in contemplation of your upcoming marriage or civil union to a named partner. This clause prevents the Will from being automatically revoked when the marriage takes place, keeping all covenants fully active.

No. Writing on, crossing out, or editing the text of an original signed Will is highly dangerous. Under New Zealand law, handwritten alterations are invalid unless they are formally signed and witnessed in the margin. Furthermore, defacing the original deed can lead the High Court to declare the entire Will void. You must draft a clean new Will or a formal codicil to make changes.

If your Will is revoked under Section 18, you are legally considered to have died intestate (without a valid Will). Your estate will be distributed according to the default rules of the Administration Act 1969, which splits the estate between your spouse and children. This default split can lead to asset distributions you did not intend.

Instruct Quay Law for Your Transaction

Contact our Remuera office to discuss your sale or purchase contract, title checks, or financing arrangements.