Locating the Will and Understanding the Next Steps
9 July 2026
When a loved one passes away, the period that follows can feel overwhelming. Knowing the first steps to take, both practical and legal can help ease some of the pressure during a difficult time. One of the earliest tasks is to locate the last Will, as this document guides how the estate is to be administered.
Determine Funeral Arrangements
Before dealing with the estate, families usually need to decide on funeral arrangements. A Will often
includes the person’s wishes about burial, cremation, or any cultural or religious practices.
If a law firm holds a Will and is told that the Will-maker has passed away, ideally before the funeral,
they will usually check the Will first for any funeral wishes. If anything is recorded, they will let the
executors know as soon as possible. This helps to ensure that the Will-maker’s wishes are respected.
Where to Find a Will
A Will is commonly held in one of the following places:
- The Will-maker’s law firm (most common)
- A personal safe or filing cabinet at home
- With the Will-maker’s accountant or financial adviser
- With the Executor(s) appointed by the Will-maker
If you are unsure where the Will is held, begin by contacting any law firm the Will-makers used for previous legal matters. Many firms provide secure storage for Wills and other estate documents.
If, after searching, the Will cannot be found, or you are unsure whether a more recent Will exists, you can ask your law firm to place an advertisement through the New Zealand Law Society in its publication LawPoints. This publication is a profession-wide noticeboard circulated directly to law firms and is often more effective than general newspaper advertising for locating a Will held by a solicitor.
Who Can a Law Firm Release Information To?
Law firms must follow strict privacy and professional conduct and confidentiality rules. They can only confirm the existence or location of a Will, or provide a copy, to the Executors named in the Will.
Once the Executors have been properly identified, the law firm can provide them with the original
Will and guide them on the next steps in administering the estate.
Payment of Funeral invoice
An Executor should check if the person who died had life insurance or a prepaid funeral plan.
Funeral directors often give a discount if the bill is paid quickly, but executors usually can’t access the estate’s money until probate is granted. If the estate is expected to have funds available, a simple solution is for a family member to pay the funeral bill first and then reimbursed once estate funds become available.
If no one can do that, and the Will-maker had money in a bank account, most banks Will pay the funeral bill directly once they have the death certificate and the funeral director’s invoice.
If the person died because of an injury, ACC may help pay towards funeral costs. Also, if the person left behind a partner or dependent children, or if the person who died was a child, the family may be able to get a Funeral Grant from WINZ which depends on income and asset criteria to help with funeral costs.
Making Things Easier for Your Executors
One of the most helpful things a Will-maker can do is ensure their executors know:
- Where the original Will is stored
- Which law firm holds it
- Who to contact in the event of their passing
- Whether any life insurance or funeral insurance policies are in place to cover funeral costs
It is also extremely useful to leave a current list of assets with the law firm holding the Will. This list
can include:
- Bank account details
- Investment and share portfolios
- Property details
- Insurance policies
- Digital assets and passwords (e.g. online accounts)
- KiwiSaver or superannuation
- Personal belongings of value
Keeping this list updated and stored securely with the Will saves executors significant time and stress
and helps ensure nothing is overlooked.
Final Thoughts
Losing a loved one is difficult, and dealing with the legal steps can feel overwhelming. Finding the Will early and knowing who can access it helps make the estate process easier to manage. Good communication, keeping records organised, and having up to date information about what assets you hold can make things smoother for executors and less stressful for families.
Disclaimer: The information contained in this publication is of a general nature and is not intended as legal advice. It is important that you seek legal advice that is specific to your circumstances.
