Why your family needs to know where your will is
Plenty of people do the hard part — they sit down with a lawyer, make decisions and sign a will — and then file it somewhere nobody else knows about. A will your family can't find does very little for them. Here's why the location matters as much as the document, and how to fix it in ten minutes.
The "If something happens to me" checklist
A printable checklist of everything your family would need: insurance, KiwiSaver, vehicles, pets, your will and who to call.
The problem with a will nobody can find
It's surprisingly common, and it lands on your family at the worst possible time.
Your executor can't act without it
Your executor needs your will to apply for probate — the court's confirmation that they can deal with your estate. Until that happens, banks and other organisations generally won't release accounts held in your name alone, and property can't be sold or transferred.
A copy usually isn't enough
The court generally needs the original signed will. If only a photocopy or a scan turns up, getting it accepted is slower and more expensive, and may need a separate court application. A will that can't be found at all may be treated as if it doesn't exist.
Without it, the law decides
If no valid will can be produced, your estate is divided according to a fixed formula in the law. That formula may not match what you wanted — particularly for blended families, unmarried partners, or anyone you meant to look after who isn't a close relative.
Your family spends days searching
Without a clear answer, grieving relatives end up going through drawers, ringing every lawyer in town, and hunting through old emails. It's stressful, and it delays everything else that needs to happen.
How to make sure it can be found
None of this takes long, and it's worth doing the same day you sign.
Know exactly where the original is
Most people leave the original with the lawyer or trustee company that prepared it, who hold it in safe custody. If you've kept it yourself, it needs to be somewhere safe from fire and water that someone else can actually get into.
Tell your executor — and one other person
Your executor should know they've been named, who holds the original, and how to contact them. Tell at least one other trusted person too, in case your executor can't act.
Write the details down where they'll be looked for
- Who holds the original (firm name, contact person, phone)
- Roughly when it was signed
- Who your executor is and how to reach them
- Where any earlier wills are, and that they've been replaced
Update it when things change
Marriage, separation, a new child, a new partner, buying property or moving overseas can all change what you'd want — and in some cases affect your will's validity. Review it after any big life change, and update the location details if you change lawyers.
This is general information, not legal advice. Talk to a lawyer or trustee company about your own will.
Keep your will details where your family will look
HomeTrack's ICE profile has an Estate & legal section for every adult in your household: where the will is held, your solicitor and their contact details, your executor, and your powers of attorney. Export it as a PDF for your executor, and HomeTrack will prompt you to check it's still current.
Start your 30-day free trial → No credit card required · Made in New ZealandCommon questions
Can a copy of a will be used in New Zealand?
The court generally needs the original signed will for probate. A copy may be accepted in some circumstances, but it usually takes longer, costs more and can need a separate court application. Keeping track of the original avoids this.
Who should know where my will is?
At minimum, your executor. It's sensible to also tell your partner or another trusted family member, and to write down who holds the original and how to contact them.
What happens if no will can be found?
If no valid will can be produced, your estate is distributed according to a fixed formula set out in law, which may not reflect your wishes.