General information only — not legal advice. This guide summarises the common reasons wills are challenged in New Zealand, in general terms. Whether a particular challenge can succeed depends on the facts and evidence. If you are involved in a dispute, get advice from a qualified New Zealand lawyer promptly.
The most common reasons
Most challenges to wills in New Zealand fall into a small number of recurring situations:
- a family member says they were not adequately provided for;
- there are concerns about the will-maker’s capacity;
- there is suspicion of pressure or undue influence;
- there is suspicion of fraud or forgery;
- the will was not signed and witnessed correctly;
- a promise for services was not kept;
- relationship property was not settled; or
- there is confusion about which will is the current one.
1. Inadequate provision for family
This is the most common ground. Under the Family Protection Act 1955, a spouse, partner, child or dependant can claim that the will does not make adequate provision for their proper maintenance and support. The court can adjust the will if the claim succeeds. Leaving someone out, or leaving them much less than they expect, is exactly what prompts these claims.
2. Concerns about capacity
A will is only valid if the will-maker had testamentary capacity at the time it was made. If the person was unwell, had dementia or a cognitive condition, or was heavily medicated, family members may challenge the will on the basis that they did not understand what they were doing.
3. Pressure or undue influence
A will made under pressure, manipulation or coercion is not the will-maker’s free act. Undue influence can be subtle — isolation, control, fear or dependence — and it often shows up as a sudden change benefiting the person applying the pressure.
4. Fraud or forgery
If someone forged the signature, tricked the will-maker into signing something they did not understand, or concealed a later will, the will can be challenged as invalid.
5. Signing and witnessing mistakes
A will that was not signed by the will-maker, or not witnessed by two people present together, may be invalid. These cases often involve informal or home-made wills, and sometimes wills where a beneficiary acted as a witness.
6. Broken promises for services
Under the Law Reform (Testamentary Promises) Act 1949, someone who provided services — such as years of care or work — in the expectation of a promised reward can claim against the estate if the will does not provide it.
7. Relationship property disputes
A partner may have rights under the Property (Relationships) Act 1976 that the will does not properly account for. If relationship property was never settled, the estate can be disputed after death.
8. Confusion over the current will
Multiple wills, unclear revocations, missing originals, or a marriage that revoked an earlier will can all leave family members arguing about which document should take effect — or whether there is a valid will at all.
Which challenges succeed
Claims based on inadequate provision succeed more often than validity challenges, which usually need strong evidence such as medical records, witness statements or proof of execution defects. Time limits apply, so acting early matters.
The bottom line
Most will challenges come down to a few familiar themes: family members left without adequate provision, concerns about capacity or pressure, execution mistakes, broken promises, relationship property, and confusion over which will is current. Understanding them is the first step to avoiding them. Our guide on warning signs and guide on challenging a will cover the practical steps.