Can I write my own will… what could go wrong?

Whilst it can be tempting to avoid professional fees and complete you own will, it may result in further costs, delays and stress for your family as was the case for Mrs Bourne’s family in the recent case of Oga v Bourne [2025] NZHC 3685.

Mrs Bourne, who distrusted lawyers, used a will kit obtained from Whitcoulls to update her will. She completed the template whilst attending her granddaughter’s baby shower where it could easily be witnessed by guests.  The will was signed and witnessed with two independent witnesses as required for a will to be valid, however because the terminology such as “residue, legacies and bequest” was unfamiliar to her and the witnesses, sections of the will were subsequently left blank or only partially filled in.

Consequently, the will was found to be not effective when the family filed legal proceedings in the High Court.  Whilst in this case the mistakes were able to be remedied by the court which was able to discern Mrs Bourne’s wishes, this may not always be the case.  Having to use the Court to remedy defects in a will causes delays in administration of the estate, creates significant additional costs for the estate and results in delays in the distribution of an estate.

This case highlights how preparing your own will or using a will kit may seem straightforward, but without the right legal knowledge, it is easy to make errors when drafting your own will that could render your wishes unenforceable.

Having your will drafted by our professional team, will ensure it is legally valid, clearly written, and accurately reflects your intentions. We can help you understand what property forms part of your estate and your statutory obligations when drafting your will.  Our expertise reduces the risk of mistakes and helps safeguard your estate from potential claims or challenges.  We offer a fixed fee for simple wills, making the process easy, transparent, and affordable. We take the time to understand your personal circumstances and guide you through each step so nothing is overlooked protecting your family from having to navigate problems and further costs later.

This article is current as at the date of publication and is only intended to provide general comments about the law. Harkness Henry accepts no responsibility for reliance by any person or organisation on the content of the article. Please contact the author of the article if you require specific advice about how the law applies to you.