This Act is the Wills Act 2007.
Wills Act 2007
| Jurisdiction | New Zealand |
| Citation | 2007 No 36 |
| Reference | 2007 No 36 |
| Record Number | DLM413272 |
| Act Number | 36 |
| Type of Document | Act |
This Act comes into force on 1 November 2007.
The purposes of this Act are to—
- replace the Wills Act 1837 of the United Kingdom Parliament with an Act in plain language; and
- change aspects of the law contained in the Wills Act 1837; and
- provide for other matters relating to wills.
This Act applies to the wills of persons who die on or after 1 November 2007.
1977 No 55 ss 2(5), 3(2)
This Act binds the Crown.
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 14 of the Legislation Act 2019
disposition includes—
- the creation by will of a power of appointment; and
- the exercise by will of a power of appointment
document means any material on which there is writing
military or seagoing person is defined in section 33
movable property is defined in section 22(1) for the purposes of that section
operational service is defined in section 33
personal representative means administrator, executor, or trustee
property is defined in section 8(5) for the purposes of that section
seafarer is defined in section 33
valid is defined in section 7
will is defined in section 8
will-maker—
- means a person who makes, changes, revokes, or revives a will; and
- is the equivalent of
A will is valid if—
- it complies with section 11; or
- it is declared valid under section 14.
An exercise of a power of appointment by a will that complies with section 11 is valid, even if the exercise does not comply with a particular manner or a particular solemnity required by the power.
Wills Act 1837 ss 9, 10 (UK)
Will means a document that—
- is made by a natural person; and
does any or all of the following:
- disposes of property to which the person is entitled when he or she dies; or
- disposes of property to which the person's personal representative becomes entitled as personal representative after the person's death; or
- appoints a testamentary guardian.
When this Act refers to making, changing, revoking, or reviving a will, it means a will as defined in subsection (1).
When this Act refers to a will in any other context, it means whichever is appropriate of the following:
- a will as defined in subsection (1); or
- a document that changes a will as defined in subsection (1); or
- a document that revokes a will as defined in subsection (1); or
- a document that revives a will as defined in subsection (1); or
- a codicil to a will as defined in subsection (1).
A person who may dispose of property during his or her life by a document creating a valid power or trust may dispose of property by his...
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