Do I need a lawyer to write a will?
NO. A lawyer is not required in law to make a will in New Zealand.
Justly’s will service is comprehensive and legally-binding. Our will templates are written by New Zealand legal specialists and specifically for New Zealand legislation (Wills Act 2007) and court processes.
If your circumstances are complex (significant overseas assets; blended family with risk your children may not inherit your assets; disinheriting children or treating children unequally) , you may use Justly but we do recommend that you engage a lawyer to review your will to ensure it’s fit-for-purpose.
Lawyers in the Justly network can access your will planner when engaged and offer lower than industry average prices and fixed-fees so there are no surprises. They are also use Justly and respond and completes your will faster than traditional firms.
Ask us to refer you and/or provide a quote.
Is Justly NZ owned and is its online wills service valid under New Zealand’s laws?
YES. Beware foreign made online will services and will kits. Dead give-aways are overseas contact information; URLs not .co.nz (i.e .app; .com; .co); PTY in the business name; or offering digital signing. If in doubt pick up the telephone and listen for a Kiwi accent.
New Zealand’s applicable legislation The Wills Act 2007 is different to the laws of other countries and very specific. Justly is a 100% New Zealand owned and operated and our legal documents are written by New Zealand legal specialists specifically for New Zealand legislation and court processes.
Do I need a lawyer or JP to witness or certify my will?
NO. Anyone over 18 can be a witness to your will, so long as they are independent (not a beneficiary or spouse of a beneficiary) of the will. No lawyer is is needed and there is no “certification” process to signing a will.
Can a will be digitally signed and witnessed?
NO. The Wills Act 2007 does not authorise any form of electronic signature. You MUST download and sign your will by writing your name on the document. It is also advisable that your initial each page. Once signed and witnessed the document is your “original” will under the law.
Can I make a will for a family member (wife, mother, or father)?
YES. As long as you create the online account and will in their legal name and the will is signed by them and witnessed correctly.
Can I make a single will for a couple or a family?
NO. Each person is required to have their own individual will. What is common is that a couple make individual wills that mirror instructions.
What is a mirror will?
It is possible for a couple to make two mirror wills that “reflect each other”, which are substantially similar in form. For example: both partners leave everything to each other and appoints each other as their sole executor/trustee. If you wish to create a mirror wills NZ you can do so on our Standard Will and Comprehensive Will tiers.
Mirror wills can be tailored to each individual after the common instructions are completed.
Are the wills and enduring power of attorneys created online using Justly legally valid?
YES. Justly’s do it yourself wills NZ are legally valid in New Zealand provided you follow the instructions contained within and ensure the document is signed and witnessed correctly as per the provided instructions.
Do I need to cancel my existing or previous will?
NO. All of your prior wills and codicils will be automatically cancelled by a clause contained in your will when you complete a new will NZ with Justly.
How is my will stored?
Justly allows you to upload a scan or photographs of your will NZ for secure cloud storage and to register it on the national NZ Will Registry for free. This ensures a record exists in the event of fire, theft or natural disaster and that your family can locate it. You are also required to keep the paper copy safely and register its location with Justly.
Is this just a basic will service or can I make a complex will on Justly?
Justly’s Wills NZ and EPAs NZ are full-feature and provide for a comprehensive range of specific details that you may include in your documents. Our documents are in line with the latest legislative provisions under the Wills Act 2007, Protection of Personal Property Rights Act 1988 and Statues Amendment Act 2016.
Will features include: appointing executor/trustee, nominating child guardians, clause for contemplation of marriage, separation and divorce, dealing with overseas assets, nominating beneficiaries and back-up beneficiaries to your estate, life/limited interests (giving someone a right to use your asset e.g. occupy the family home), funeral directions, arranging for beloved pets, digital assets, gifting…
EPA features include: both the Property EPA and Welfare EPA, comprehensive help guides, introduction notes, glossary of terms, Certificate of Witness, Standard Explanation guide, instructions for authorised witness…
How much does it cost to create a will/EPA using Justly?
Justly provides both a do-it-yourself option and also a work-with-a-lawyer option for a fixed fee. The fixed fee varies between law firms and their locations. Click for Will pricing and EPA pricing.
Can I add a lawyer at any time and just pay the difference?
YES. You can start with a DIY option. If you wish to engage a lawyer we will only charge the difference when you upgrade with a law firm within our network. You will pay for the firm’s fixed fee less the DIY price you have already paid.
What is the ‘trial period’ and how long do I have to complete my will/EPA?
Justly gives you free access to try-before-you-buy each tool for 7 days. In the trial period you can fill in your information and review the guides, create instructions and preview the output (will content). Once you pay, you can download the document and you will have 30 days to make unlimited edits and downloads.
Are there any on-going fees?
NO. There are no on-going fees and/or hidden charges. It is a one-off cost to create your will NZ or EPA NZ. If at a later date (after the initial 30 days) your circumstances change and you wish to update your will, it is typically 50%-70% to update your will depending our your tier/package.
Does Justly take a percentage of my estate?
NO. The business model of trustee corporations is to take a percentage of your estate to assist in administering it. This is typically 4%-5% of the value of your estate which for an average Auckland estate is in excess of $20,000 plus other fees. Justly does not take a percentage of your estate if appointed to assist your executor in the administration.
How much does it cost to update a will?
Once your 30 days has expired your circumstances change and you wish to update your will, it is typically 50%-70% to update your will depending our your tier/package.
If you are working with a law firm, each individual law firm has their own updating fees. You can contact the law firm directly to check their charges.
How will my family find my will?
This is a problem with finding any NZ will. The first question your family will ask is did you have a will.
As part of Justly’s service you can scan and upload a signed copy and “register” it on our national NZ Will Register database and record the location of the physical paper copy (e.g. your home address and specific location) that lawyers and Justly staff can search to establish if you have a will with us. Once we are able to verify your death, we release your will to your trustee/executor(s) as named.
Registering and storing online is extremely important as a house fire, flood or earthquake could destroy the paper copy. Also a family member with a grievance could find and destroy the paper will.
Also it pays to let the executor and/or beneficiaries know it’s on Justly for speed and ease of finding.
Does Justly provide legal advice?
NO. Justly is not a law firm and does not provide legal advice. Use of Justly’s website or documents does not create a lawyer-client relationship or any other relationship. If you choose to work with one of the law firms listed on Justly’s website, once you have accepted the law firm’s terms of engagement and paid, a solicitor-client relationship will come into existence between you and the selected law firm. Your lawyer will then give you legal advice.
Do I need a lawyer to make an EPA?
You can create an EPA using Justly’s DIY solution, however, the law requires that you then have it certified by a lawyer.
To certify your EPA, engage a lawyer within Justly’s network (or use your own). Firms in our network offer a fixed price and are located across New Zealand and some may also work with you via Skype or FaceTime. Engaging a lawyer via Justly means they will work with you as you create your EPA and answer any questions you have. Click for our law firm directory.
What is the best way to access the online tools?
For optimum features and user experience we advise accessing our application via a desktop computer or laptop. Using a Tablet is only recommended for more confident / experienced web users. If you need help using our tools contact us for assistance.
I have more questions… where can I go?
There are multiple avenues to get answers and assistance from us. Send our team a live message by clicking the speech icon on your bottom right corner. You can also reach us at firstname.lastname@example.org and for business and media enquiries, head over to contact us.