Under New Zealand law, when someone dies there are number of ways to make a claim against their Estate; both in terms of what provision has been made for you in the will or under the laws of intestacy (i.e. when someone dies without a will), and regarding how an Estate has been administered.

Below are some ways to make a claim against a will or an estate:

  1. Relationship Property Law: Under the Property (Relationships) Act 1976, a surviving spouse or de-facto partner has the option to either accept provision made for them in the Will or under the law of intestacy, or to forfeit that entirely and apply for a division of relationship property.

  2. Family Protection Act 1955: Certain family members can make claims for provision if inadequate provision has been made by the Deceased for their maintenance and support in the Will.  Importantly, this can include children who are adopted, stepchildren, and even parents in certain circumstances.  The Court examines whether the Deceased had a moral obligation toward the claimant and determines a sufficient remedy.  Notably, a successful applicant for a division of relationship property can also make a claim under the Family Protection Act in relation to the balance of the Estate if the circumstances are appropriate.

  3. Testamentary Promises: The Law Reform (Testamentary Promises) Act 1949 allows individuals to claim compensation from an Estate for services they provided to the deceased, based on promises made when insufficient provision is made for them in the Will.  Notably, the ability to make such a claim is not limited to family members.

  4. Will Validity: Such challenges might involve issues such as the deceased’s testamentary capacity, improper signing or witnessing, or reliance on draft documents that were not legally executed before the Deceased passed away.

  5. Estate Administration: Concerns can be raised regarding whether the executor or administrator has handled the estate in accordance with their legal obligations; either to the claimant or the beneficiary.  Remedies can include replacement of the executor, administrator, or trustee; revisiting past decisions; or compensation being paid in certain circumstances.

 

FOR MORE INFORMATION

We have extensive experience in handling and successful resolving all types of Estate claims, including ones not listed above.  We can also assist where substantial Estate assets have been distributed to a Trust.

We recommend seeking legal advice at an early stage, as there are various statutory time limits which apply.  Contact us today to set up an initial consultation:

 

 

A couple making a claim against a will or an estate.