Law firms in New Zealand often receive inquiries from individuals asking for a copy of their own Will, a the Will of a spouse or other person. Many are surprised to learn that they cannot simply access another person’s Will without that person's written consent.
While a Will-maker is alive, they retain full control over their Will. Only the Will-maker can authorize a copy to be released or accessed.
After the Will-maker passes away, this authority shifts to the executor(s) named in the Will. Only the executor(s) can approve the release or copying of the Will.
There is no formal "reading of the Will” in New Zealand. Instead, the executor(s) may choose to send copies of the Will to beneficiaries, allowing them to review its terms and see what they are entitled to inherit. The law firm managing the estate can only share copies with beneficiaries upon receiving authorization from the executor(s).
If you are a beneficiary but are not an executor, you will need the executor(s)’ permission to receive a copy of the Will.
If you think you may be a beneficiary but do not know who the executors are or the executors won’t release a copy of the Will to you, you can conduct a Probate Search (you would be able to do that once a probate of the Will has been granted). This can be done by contacting the High Court registry closest to the city where the person passed away. There is a small fee for obtaining these copies.
Email: polina.kozlova@pklaw.nz
Tel: +64 22 381 2878
642 Great South Road, Ellerslie, Auckland, New Zealand