New Zealand and the holographic will

Abstract

A holographic will is a document detailing the disposition of property, handwritten by its author. No other formalities, such as witnesses, the testator’s signature, or dating, are required in order for the holographic will to be considered valid. Although holographic wills are not specifically provided for in New Zealand legislation, they are present in numerous jurisdictions around the world. This paper considers whether holographic wills could be validated under s 14 of the Wills Act 2007, and even if they are, whether holographic wills should be accepted as a new class of wills in their own right. This paper concludes that notwithstanding the fact holographic wills may be validated, they should be admitted as a separate form of wills in New Zealand.