The process to obtain a copy of a will in New Zealand depends on two main factors: whether the willmaker is alive or deceased, and if deceased, whether probate has been granted and your status under the will (executor or beneficiary).
Accessing someone’s will while they are alive
While the willmaker is alive, they have complete control over their will. They may choose to share it with others but are not legally required to do so. The confidentiality of the will is protected by law. The lawyer who drafted the will must keep its contents confidential unless the willmaker authorises disclosure.
An exception exists for a person acting under an Enduring Power of Attorney (EPA) for property. Once the EPA is in effect, they can obtain a copy of the will to ensure that they do not sell or dispose of assets specifically bequeathed in the will.
Accessing someone’s will after they have died
In New Zealand, there is no official “reading of the will”. You will be contacted about a will only if you are named as an executor or a beneficiary. If you are not contacted but want to know what a will says, you need to take certain steps.
Anyone can view the will after probate is granted
Once probate is granted, the will becomes a public document. The grant of probate includes a copy of the will, which means anyone can view it. You do not need to be a family member or a beneficiary to access it.
To view the will, you can submit a request to the Wellington Registry of the High Court. This request will also tell you whether probate has been granted. You will need to provide the deceased’s full name, address, and date of death. There is a $30 administrative charge for processing the request.
For wills where probate was granted before 2004, a different process applies, which is detailed below under “Obtaining a Historical Will”.
Executor’s rights
An executor has the right to access the will immediately after the willmaker’s death. This access is crucial for administering the estate according to the will’s instructions. Anyone holding the will must provide it to the executor upon request.
Beneficiaries’ rights
If you have been left something under the will, you are called a “beneficiary”.
There is a presumption that executors must contact each beneficiary and provide them with basic information about the estate. This includes confirming that they are a beneficiary and giving them the executors’ contact details. This usually happens before probate is granted.
Beneficiaries have the right to request a copy of the will and information about the estate. This includes details about the administration and assets of the estate. There is a presumption that executors will provide this information upon request.
When deciding whether to provide a copy of the will or other information, executors must consider factors set out in section 53 of the Trusts Act 2019. These factors include:
- the beneficiary’s age, circumstances, and interest in the estate;
- the effect of providing the information on the beneficiary, other beneficiaries, and the executors; and
- the willmaker’s intentions.
Executors must act in the best interests of the beneficiaries. They are usually expected to provide beneficiaries with information about their entitlement under the will, as well as an inventory and account of the estate. There is seldom a good reason for an executor not to provide this information.
All information must be provided within a reasonable time. A beneficiary may be required to pay the cost of providing the information.
If you suspect executor misconduct or need guidance on removing an executor, the comprehensive guides on executor misconduct claims and how to remove an executor offer valuable insights.
For more information on beneficiaries’ access to estate information, refer to section 4A of the Administration Act 1969 and sections 51 to 55 of the Trusts Act 2019.
Obtaining a historical will
For wills probated before 2004, the search process is more complex due to manual record-keeping. You will need to contact the High Court Registry nearest to where the person died.
For wills older than 25 years, records are held by Archives New Zealand and can be accessed through the Archway online portal. Many probate records from the 1980s or earlier are available for download at no charge.
Summary
In summary:
- While the willmaker is alive: There is no automatic right to view the will. The willmaker controls access to it.
- After the willmaker’s death:
- Once probate is granted: The will becomes a public document. You can view it by contacting the Wellington Registry of the High Court. For historical wills (pre-2004 probate), a different process applies.
- Before probate is granted or in small estates:
- Executors: Entitled to immediate possession of the will.
- Beneficiaries: Presumptively entitled to a copy of the will.
- Others: Limited rights to view the will before probate is granted, but can request access from the executor.
- Executors: Entitled to immediate possession of the will.
- Once probate is granted: The will becomes a public document. You can view it by contacting the Wellington Registry of the High Court. For historical wills (pre-2004 probate), a different process applies.
