General information only — not legal advice. Challenging a will is a serious legal step with strict rules and time limits. This guide gives the short answer. If you are considering a challenge, or worried one might happen, get advice from a qualified New Zealand lawyer promptly.
The short answer
Yes — a will can be challenged in New Zealand, but not simply because someone is unhappy with it. A challenge must be based on recognised legal grounds, and the person challenging must usually have standing (a legal interest in the estate). Many challenges are raised, but only some succeed — and the process can be slow, stressful and expensive.
The main grounds for a challenge
Challenges generally fall into two categories:
- validity challenges — arguing the will is not valid because of lack of capacity, undue influence, fraud, forgery, or incorrect signing and witnessing; and
- claims against the estate — arguing that a family member was not adequately provided for (Family Protection Act 1955), that a promise for services was not kept (Law Reform (Testamentary Promises) Act 1949), or that relationship property rights affect the estate (Property (Relationships) Act 1976).
Who can challenge
Not everyone can challenge a will. The people who may be able to act include:
- beneficiaries named in the will (or under an earlier will);
- people who would inherit under the intestacy rules;
- spouses, partners, children and dependants who may claim under the Family Protection Act; and
- people who provided services in reliance on a promise of reward.
A disgruntled friend or distant relative with no legal interest generally cannot challenge a will.
What a challenge involves
A challenge can hold up the estate — executors usually should not distribute assets while a claim is being resolved. Many disputes are settled through negotiation or mediation; some go to court. The estate often pays the reasonable costs of a genuine dispute, which reduces what is left for everyone.
How likely is a challenge to succeed?
Validity challenges succeed only with real evidence — medical records for capacity, witness statements for undue influence, or proof of execution failures. Family Protection Act claims succeed more often, because the law recognises a moral duty to provide for close family. Time limits apply to most challenges, so acting quickly matters.
How to reduce the risk of a challenge
If you are making a will and want to protect it:
- provide adequately for family members who have a reasonable claim;
- get independent legal advice where your circumstances are complex;
- make the will with capacity, freely, and record your reasons;
- sign and witness it correctly, with independent witnesses; and
- talk to family where appropriate, so there are no surprises.
The bottom line
Wills can be challenged in New Zealand on specific legal grounds, but challenges are not automatic and not often successful without real evidence. The best defence is a deliberately made, properly executed will that provides fairly for the people with a reasonable claim. For the detail, see our guide on signs a will might be challenged, guide on legal issues, and guide on invalid wills.