September is Wills Month.

Online Will platforms and artificial intelligence (“AI”) tools now promise fast, low‑cost solutions that can generate a Will in minutes. At first glance, the attraction is obvious. These tools are easy to access, relatively inexpensive, and avoid what many people see as the hassle of engaging a lawyer. Everyone thinks it is “very simple”. For some, that feels like progress. A Will is not a consumer product. It is a legal document that only has one chance to work correctly. The intentions and hopes of the person who drafted it can only be distilled from that document. When you look at online and AI‑generated Wills through that lens, the risks become harder to ignore. Are AI and online Wills legally valid in New Zealand? For a Will to be valid in New Zealand, strict legal requirements must be met. It must be in writing, signed by the Will‑maker, and witnessed by two independent witnesses who are present at the same time. Online platforms can produce a document - but they cannot ensure it is executed correctly. They do not supervise signing, check who the witnesses are, or confirm that signing is completed in accordance with the law of the country in which the Will is being signed. They also cannot ensure that it is stored correctly, is not lost or altered or marked in any way. If those steps are not followed properly, the Will may be invalid. That often is not discovered until after a person has died, when it is too late to fix. In some cases, the estate ends up being distributed under the intestacy rules instead, which may produce outcomes very different from what the deceased intended. Common risks of AI-generated Wills Most online Will platforms and AI tools rely on fixed templates and limited questionnaires. That creates immediate issues: They assume family arrangements are straightforward. They do not probe for nuance. They rely on users knowing what information is legally important. In New Zealand, estates are often anything but simple. Blended families, de facto relationships, trusts, overseas assets, and relationship property claims are common. AI cannot identify issues that have not been disclosed - and many people simply do not know what they should be disclosing in the first place. The result is rarely just a “basic” Will. More often, it is a Will that does not match the real needs of the client. Drafting errors and ambiguity AI‑generated documents often look polished. That does not mean they are legally sound. Common issues include unclear wording, inconsistent clauses, incorrect use of legal terms, and failure to account for future events. In a Will, even small ambiguities can cause big problems: competing interpretations, disputes between beneficiaries, delays, and higher administration costs. AI does not understand the legal effect of what it is generating. It is reliant on a prompt which in itself may be incorrect or misleading. Jurisdiction matters — and AI often gets it wrong AI tools are not inherently New  Zealand‑specific. We are already seeing Wills that use the wrong language, apply foreign law, or fail to deal properly with trusts and relationship property under New  Zealand law. For clients with offshore assets or international connections, those risks increase significantly. Why estate planning is more than drafting a Will Good estate planning is about far more than drafting words on a page. Effective estate planning services identify risks, protect assets and help ensure wishes are carried out as intended. That includes assessing the likelihood of Family Protection Act claims, relationship property disputes, or challenges from disappointed beneficiaries. It also means considering how assets are structured, whether existing trust and Will arrangements still work as intended, and how the plan will hold up if circumstances change. AI cannot do this. It does not give advice, challenge assumptions, or warn you when something may unravel later. A solid estate plan can culminate in very straightforward and simple drafting. The best estate plans often work out this way, but after comprehensive review and discussion about the circumstances for that client and their wider family. No accountability if a Will fails When a lawyer prepares a Will, there is professional accountability. Advice is documented, and indemnity insurance sits behind the work. Many online and AI platforms are unregulated. Their terms of use often exclude liability altogether. If the Will fails, there is usually no recourse. Further, there is a risk in terms of undue influence, or capacity issues. This may arise where family members assist with the drafting of a Will. AI cannot confirm if the Will-maker is mentally capable or is signing free of coercion. Having not had independence and proper process followed by a legal advisor, even a Will which appears to be valid on its face can be challenged. The emotional and financial cost falls on those left behind. The false economy Online Wills reduce upfront cost, but saving money at the start can be misleading. Errors and ambiguity increase the risk of disputes and the cost of administering an estate. Privacy and data concerns Preparing a Will requires disclosing deeply personal information: assets, family relationships, health issues, even questions of capacity. Using AI platforms often means uploading that information to third‑party systems. There is a real risk of data being stored, shared, or mishandled in ways the user does not fully understand - a particular concern in an area of law built on confidentiality. Where AI does add value Used properly, AI can be helpful in estate planning. We are seeing clients who are more educated and come to us with some information or thoughts regarding their estate planning. Alongside legal judgment and tailored advice (as well as accountability), clients can be reassured that they have a plan and documents in place which will endure and give best effect to their intentions. Technology can support the process - but it should not replace professional oversight. For most people, particularly where there is any complexity at all, the prudent approach remains the same: use technology thoughtfully, but ensure your Will is properly drafted, reviewed, and executed with lawyer experienced in wills and estates.

Holland Beckett is pleased to announce the promotion of Rebecca Steens to Partner, effective 1 April 2026. Rebecca is a highly regarded succession and estate planning lawyer with more than 12 years’ experience advising clients on trusts, estates, succession planning and asset protection. With a background spanning both litigation and estate planning, Rebecca brings a unique and practical perspective to her work, helping clients navigate complex issues while proactively mitigating the risk of future disputes.  Rebecca has played a pivotal role in establishing and growing Holland Beckett’s specialist Succession, Estates and Trusts practice. Under her leadership, the team has expanded significantly and is now recognised as the Bay of Plenty’s largest specialist succession, trusts and estates team, known for its technical strength and pragmatic, client‑focused advice in an increasingly complex area of law.  Rebecca graduated from the University of Waikato in 2013 with a Bachelor of Laws (First Class Honours) and a Bachelor of Communication Studies. She began her legal career at a local firm, before moving to Jersey in the Channel Islands, where she specialised in trust litigation within an international context.  A Tauranga local, Rebecca returned home in late 2019 and joined Holland Beckett shortly thereafter as a Senior Solicitor in the firm’s litigation team, focusing on trust and estate disputes. She was promoted to Associate later that year. In 2021, she transitioned into the estates practice, where her leadership has been instrumental in shaping its growth and reputation.  Rebecca is a member of the Trust Law Association of New Zealand (TLANZ) Trust Law Committee and is a regular presenter to professional audiences, such as TLANZ and Legalwise.  Her elevation to the Partnership recognises Rebecca’s sustained contribution to the firm’s strategic growth, the development of its Succession, Estates and Trusts practice, and her reputation as a trusted advisor to clients navigating complex estate and succession planning matters.  Rebecca’s appointment brings Holland Beckett’s Partnership to 17 Partners, supported by a team of more than 160 staff, including over 70 lawyers. The full-service firm provides legal services to local, national, and international clients from offices across Tauranga, Rotorua, Whakatāne, and Taupō. 

Why Wills matter more than ever In today’s evolving financial and legal landscape, having a valid Will and appropriate estate planning arrangements in place has never been more critical for New Zealanders. The absence of a Will can lead to unnecessary delays, stress, and cost for families. KiwiSaver and your estate One of the most overlooked reasons to have a Will is KiwiSaver. Many people assume their KiwiSaver balance will automatically pass to their partner or next of kin on death, but that’s not how it works. KiwiSaver funds are held solely in the name of the individual and do not pass by survivorship (think, property held as joint tenants). Instead, they must be dealt with as part of the person’s estate, and if there is no Will, this creates delays and uncertainty in accessing those funds. With the recent Government budget injecting more incentives and support into KiwiSaver, balances are likely to grow significantly over time. Probate and estate administration Another relevant factor is the probate threshold and how this impacts estate administration. Currently, assets over $15,000 will require a grant from the Court. This threshold is due to increase to $40,000 in September 2025 to better reflect current asset values. In real terms, the threshold is easily exceeded - especially when you consider KiwiSaver. Without a Will, for which the Court can grant “probate”, family members must apply for Letters of Administration, which can be slower and more complex, particularly when family dynamics are tense. Property ownership and blended families At the same time, more New Zealanders are choosing to own property as tenants in common rather than joint tenants - especially in blended families or where people wish to protect their children’s inheritance from a new partner. This structure allows each party to leave their share of the property to whomever they choose, provided they have a Will to specify that - this makes proper estate planning and Will drafting even more important. In this situation, a Will should complement any Contracting Out Agreement (often referred to as a \"pre-nuptial agreement\" or \"pre-nup\"). Modern estate planning challenges Many family trusts are now being wound up or simplified due to changes in trust law, compliance costs, aging/migrating settlors and international beneficiaries (giving rise to tax implications). As assets come out of a trust and revert to personal ownership, they become part of a person’s estate and must be carefully dealt with by their Will. Overseas properties, investments and digital assets can be challenging to deal with if someone passes without a Will (or Wills) to reflect what should happen to assets in other countries. Having a Will is no longer just about passing on the family home - it’s about ensuring some thought is given to the increasing complex assets and arrangements of the modern estate.   With the right guidance, a complicated situation can have a clear and manageable solution. The key is to decide what you want to achieve, and get a Will drafted to reflect that. Holland Beckett’s specialist succession and estates team provides expert advice on estate planning, Wills, probate and estate administration, and can help to create a Will that best reflects your individual situation. This article was first published in the New Zealand Herald and Bay of Plenty Times, July 2025.