How to Obtain a Copy of a Will

When a person dies they may leave effects such as a house, land, bank accounts and investments.   A will is a record of a person's intentions to distribute these effects upon their death. Before these assets may be collected and distributed, the will must have been granted probate.

New Zealand does not have a national register of wills. However, if you are certain that a will has been granted probate, the search for a will can be quite straightforward through the correct High Court.

If you are unsure if a will has been probated, this might be the case if the there was no real estate involved or if the residual estate was small, you will need to contact the solicitor who acted for the estate. 

Who may see the will?

Once a will has been granted probate, the will becomes a public record, therefore it may be viewed by anyone. 

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Probate

Probate is the certificate granted by a court to confirm that the will of a deceased person has been proved and registered in the court and that a right to administer their effects has been granted to the executor proving the will.

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Whom do I need to contact to get a copy?

First of all you need to identify the High Court where probate was granted.  Usually this is the High Court closest to where the deceased was residing at the time of their death. For a list of courts' addresses click here.

Once the court has been identified, you will need to write to the Registrar at that court stating:

• the full name of the deceased
• the date of their death and / or the date probate was granted
• the area that they were living in at the time of their death

Please note that the majority of courts only hold records for a period of up to 25 years, after which time the files are sent to Archives New Zealand. 

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How much will it cost?

The search fee is $40 NZD. Payment may only be made by cheque or money order.   Credit card payments cannot be accepted.

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How long will it take?

A request for a copy of a will is actioned upon receipt of the request provided that the search is straightforward and all information required to carry out the search is provided.

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Tips to finding the solicitor

1. Try to recall the name of a lawyer or trust company that the deceased may have used or consulted over a will, or ask family or friends if they know of any.
2. If the deceased owned some real estate, there may be papers from the lawyer in the deceased's records.  Otherwise a title search of the property may be undertaken to provide access to the transfer document.  The transfer document usually records the name of the lawyer or law firm that acted for the deceased when they purchased the property.  The lawyer or firm could then be contacted to see if a will is held.

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Your other options

You may want to advertise in "LawTalk" to see if any solicitor holds a will for the deceased.  "Law Talk" is the official publication of the New Zealand Law Society and every practising lawyer in New Zealand is sent a copy. For prices and publication information, email: lawtalk@lawyers.org.nz or visit the the NZ Law Society website at www.lawyers.org.nz.  

In addition, there are 14 district law societies some of whom publish regular newsletters for the lawyers practising in their district.  Advertisements may also be placed in the newsletter in the district(s) in which the deceased lived.  There is a directory of district law societies on the NZ Law Society website, under the menu option "About the NZLS".

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I've found the solicitor, may I see the will?

Finding the solicitor who holds the will does not automatically entitle you to information about the beneficiaries, executors or other details held in the will.   Such inquiries will be dealt with on an individual basis and particulars will be revealed in accordance with client confidentiality rules.

If you believe that you might be a beneficiary of a will and are unable to obtain information, you are advised to seek legal advice as soon as possible.