Soft Landing NZ

By Brett Corlett | Soft Landing

Why Every Immigrant Should Prioritise a Will

When moving to a new country, most of us focus on visas, jobs, housing, and settling our families. But one area that is often overlooked is what happens if something goes wrong. In this blog, based on the Soft Landing NZ Migration & Money Series, episode 3 on Wills & Testaments with Migrant Financial Services and ASCO Legal, we dive into why every migrant needs a New Zealand will, when to get one, and the risks of not having one.

A Personal Story: Why This Matters

In my own journey, losing my sister-in-law to cancer soon after arriving in New Zealand revealed how critical proper planning is. Managing her estate from the other side of the world, while also becoming guardians of our nephew, was incredibly challenging. The only saving grace was having a valid will in place. Without it, the emotional, legal, and financial stress would have been far greater.

Why You Need a New Zealand Will

Many migrants assume their home-country will automatically covers them in New Zealand. But laws differ widely, and relying on a foreign will can lead to delays, complications, and unintended consequences. A New Zealand will protects your assets here, ensures your wishes are followed, and helps your family avoid unnecessary legal hurdles.

What Happens If You Don’t Have a Will?

If you pass away without a will (known as dying intestate), New Zealand’s Administration Act determines how your assets are distributed. Contrary to what many believe, your spouse does not automatically inherit everything. Assets are typically split between your spouse and your children, which can cause significant complications, especially if your children are minors.

One example shared in the episode involved a widow whose home was jointly owned by her and her young children. She needed Family Court permission just to sell the house. Situations like this can be avoided with a proper will.

Common Mistakes Migrants Make

– Relying solely on a home-country will.

– Using online ‘cookie-cutter’ wills that don’t consider unique family situations.

– Not updating guardianship information when moving countries.

– Not understanding how jointly owned assets are treated in New Zealand.

– Assuming life insurance always forms part of the estate (this varies depending on policy ownership).

Appointing Guardians for Your Children

For migrant families, guardianship is especially important. If your chosen guardians are overseas or not NZ residents, it introduces immigration considerations and may require legal approval. The New Zealand Family Court ultimately decides what is in the child’s best interest, and an immigration adviser may also need to be involved.

How Often Should You Review Your Will?

A good rule of thumb is to review your will every 5–8 years or whenever a major life event occurs, such as:

– Birth of a child

– Death of a family member

– Significant changes in your finances or assets

– A new property purchase

– A change in the guardians you’ve appointed

– Receiving an inheritance

Where Is Your Will Kept?

Law firms in New Zealand typically hold the original copy for safekeeping. A digital age doesn’t change this requirement, probate still requires the original document. ASCO Legal, as mentioned in the episode, even monitors death notices daily so they can support families promptly if needed.

Key Takeaways

– Every migrant should have a New Zealand will, even if they already have one back home.

– Don’t delay updating or creating your will—life is unpredictable.

– Guardianship for children is more complex for migrants; plan ahead.

– A proper will prevents unnecessary stress, legal complications, and family conflict.

– Get professional advice rather than relying on online templates.

Final Thoughts

Preparing a will is not about expecting the worst, it’s about protecting the people you love. Immigration brings enough uncertainty on its own; having your affairs in order gives peace of mind as you build a new life in New Zealand.

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