Ensuring your Will is validly signed and securely stored is essential to avoid unnecessary complications for your loved ones after your passing. At Core Legal, based in Masterton and Wellington, we often assist families who face legal and financial hurdles because a Will was not correctly executed or preserved. Taking simple, proactive steps now can prevent an expensive and stressful probate process later.
✅ Proper Signing of a Will in New Zealand
Under New Zealand law, for a Will to be valid:
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The will-maker must sign the document.
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The signature must be witnessed by two people who are present at the same time.
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Witnesses cannot be beneficiaries or spouses/partners of beneficiaries named in the Will.
Failing to follow these rules can render your Will invalid, meaning your estate might not be distributed as you intended.
???? Binding the Will – No Paper Clips!
A common oversight is how the pages of a Will are held together. Pages should be stapled or otherwise permanently fastened, not just paper-clipped or left loose. The High Court requires assurance that no pages have been removed or added post-signing. Loose or damaged pages could lead to suspicions of tampering.
???? Avoid Attaching Other Documents
Storing your Will with unrelated personal documents or inserting letters, sticky notes, or lists can cause problems. Even staple holes or clip marks from previously attached papers may lead the Court to question whether another document was once part of the Will. This can trigger delays and require additional affidavits during probate.
???? Where to Store Your Will
We recommend storing your original Will either:
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With your lawyer in their secure deeds room, or
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At home in a safe, dry, and undisturbed location, with your lawyer holding a certified copy.
Always inform your executor or trusted family member where your Will is stored.
Important Tip: Most law firms (including ours) and Public Trust offer free Will storage, even if they didn’t prepare your Will or act as executor.
???? Damage or Tampering = Extra Costs
Any physical damage—folds, tears, stains, or even ink marks—can raise red flags during probate. The Court may require an Affidavit of Plight (an additional legal document) to confirm the Will’s validity, increasing the time and cost involved.
To avoid this:
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Use a protective sleeve or folder.
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Keep the document flat and away from sunlight, pets, or moisture.
????️ Keep Witness Info on File
Keep a record of your witnesses’ names, contact details, and signing date. Store this alongside your Will. If the Court questions how the Will was executed, this information will help confirm its validity.
⚖️ Get Legal Advice Before You Sign
A professionally drafted and stored Will ensures your wishes are carried out and avoids placing a legal burden on your family. At Core Legal, we offer fixed-price consultations and expert guidance to ensure your Will is legally sound and stored correctly.
Contact Core Legal Masterton & Wellington today to protect your legacy and give your family peace of mind.