How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Chris The Lawyer Your Own Question
Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22146
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Type Your New Zealand Law Question Here...
Chris The Lawyer is online now
A new question is answered every 9 seconds

Who can witness my will

This answer was rated:

Who can witness my will?
Anyone can witness your will, except for 2 important categories of person-the trustees and executors, and the beneficiaries. this extends to relations and partners- The Wills Act says -

Witnesses affected by dispositions made to them
(1) A disposition of property in a will is void if—
(a) the disposition is to a witness; or
(b) the disposition is to a witness's wife, husband, civil union partner, or de facto partner; or
(c) the property would go to a person claiming under a person described in paragraph (a) or (b).
(2) Subsection (1) does not apply if—
(a) the will has at least 2 witnesses who are not described in the subsection; or
(b) the disposition is the repayment of a debt to a person described in the subsection; or
(c) all the persons who would benefit directly from the avoidance of the disposition—
(i) consent in writing or electronically to the distribution of the property; and
(ii) have legal capacity to give consent; or
(d) the High Court is satisfied that the will-maker—
(i) knew and approved of the disposition; and
(ii) made the disposition voluntarily.

It is not fatal if this is not kept to as you can apply to the High Court to make the will valid, but it is best to get it right when being witnessed rather than gp through the costs of a High Court application and the risk that the judge may not give the order.
Chris The Lawyer and other New Zealand Law Specialists are ready to help you

Related New Zealand Law Questions