Can a Will Be Challenged? Estate Claims & Legal Rights in New Zealand

Can a Will Be Challenged After Death?

Many people believe their will will be followed exactly after they pass away. However, a will can be challenged in court, and if the challenge succeeds, a judge may decide how the estate is divided instead.

Common reasons to challenge a will include:

• Improper witnessing or failure to meet legal formalities

• The deceased lacked mental capacity when signing

• Evidence of undue influence, fraud, or coercion

If a will is declared invalid, an earlier will might be reinstated, or the estate will be distributed under New Zealand’s intestacy laws.

Claims Under the Family Protection Act 1955

Certain relatives can make a claim against an estate if they believe the will does not provide adequately for their maintenance and support. To succeed, the claimant must prove:

• The deceased had a moral duty to provide for them

• The will failed to meet that duty by leaving them out or providing too little

The court considers factors such as the relationship between the deceased and claimant and whether the claimant received anything under the will.

Claims Under the Law Reform (Testamentary Promises) Act 1949

A claim can also be made if the deceased promised to leave something in their will in return for services or work done but failed to do so. The claimant must show:

• They provided services during the deceased’s lifetime

• There was an express or implied promise of provision in the will

• The promise was not fulfilled

Rights of Surviving Partners

A surviving spouse, civil union, or de facto partner can choose either to:

• Inherit according to the deceased’s will, or

• Apply for a division of relationship property under the Property (Relationships) Act 1976

The property division rules on death are similar to those on separation.

How Arnet Law Can Help in Pukekohe, South Auckland, and Waiheke

If you need help with wills, estate claims, or disputes, Arnet Law’s experienced team is here to assist you. We provide professional, local legal advice tailored to your situation.

Contact Arnet Law today to protect your will or get help making a claim against an estate.