Contesting Wills and Estates

There are various grounds upon which a Will or estate can be challenged. These include:

 

  • Under the relationship property laws – Property (Relationships) Act 1976. Under this Act a surviving spouse or partner usually needs to choose whether to take what is left to them under the deceased’s Will (or the intestacy laws), or apply for a division of relationship property.

 

  • The Family Protection Act 1955 – where certain family members can seek provision for their maintenance and support, if they have not been properly provided for under a Will. The court needs to assess whether the deceased owed a moral duty to the claimant, and what kind of provision is sufficient to remedy any breaches to their moral duty.

 

  • Testamentary Promises – The Law Reform (Testamentary Promises) Act 1949. This Act enables people to seek provision from an estate if the deceased person promised to reward them for a service undertaken while they were alive, but hasn’t reflected this in their Will.

 

  • Questions about the validity of a Will. This can include testamentary capacity issues, incorrectly signed or witnessed documents, or draft documents which may represent the deceased testamentary intentions but were not properly signed.

 

  • Challenging how an executor or administrator has administered an estate, or whether they have acted in accordance with the law.

 

Common scenarios we encounter are where family members have been left out of Wills, adopted children being treated differently to biological children, grandchildren not being provided for when their parents have already passed away, and people claiming someone did not have capacity to sign a Will when they did.

 

It is important to take early legal advice when considering challenging a Will or estate.  There are time limits to consider and opportunities to settle the issues without filing court proceedings.

 

For More Information

For specific advice on whether a will can be challenged it’s important to consult with a family law expert to ensure that it is done correctly.

 Our Rotorua family law experts:

 

See more of our family law articles here.

 

Will And Estates, Couple talking to a lawyer about contesting a will.