New Zealand Will & Estate Planning Guide

Estate Planning in New Zealand at a Glance

New Zealand has a straightforward will system with no inheritance tax since 1992 and no capital gains tax. The Family Protection Act allows family members to claim if not adequately provided for. Relationship property rights are strong - spouses/partners can claim half of relationship property regardless of will provisions. Māori land has special succession rules.

• No inheritance tax or capital gains tax
• Family Protection Act allows claims by family
• Relationship property rights override wills
• 2 witnesses required, cannot be beneficiaries
• Probate required for estates over $15,000
• Māori land follows Te Ture Whenua Act
• De facto partners have same rights as married

Will Requirements in New Zealand

Creating a will in New Zealand typically involves national rules and any local variations. Witness requirements, signing procedures and other formalities can vary by jurisdiction, so consult a qualified professional for advice specific to your circumstances.

Inheritance Tax in New Zealand

Retirement Savings and Nominations

KiwiSaver has no nomination form. When a member dies, the balance is paid to their estate and passes under the will, or under the intestacy rules if there is no will. Workplace superannuation schemes and life insurance policies can have rules and nominations of their own, so the will is the instruction that decides where KiwiSaver goes but not necessarily every other retirement asset.

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