Contesting a Will in New Zealand — What You Need to Know | Simply Probate
Quick answer: A will can be contested in New Zealand under three main statutes: the Family Protection Act 1955, the Law Reform (Testamentary Promises) Act 1949, and the Property (Relationships) Act 1976. Claims must generally be filed within 12 months of the grant of probate or letters of administration. Contesting a will requires a litigation lawyer — it is not something a probate preparation service can handle.
Contesting a Will in New Zealand
Not every estate is straightforward. Sometimes a will does not reflect what family members believe is fair, or it fails to provide for people the deceased had a moral obligation to support. In those situations, New Zealand law provides avenues to challenge the will.
This article explains when and how a will can be contested in New Zealand, the legal grounds available, and the difference between contested and uncontested probate.
Simply Probate handles uncontested probate applications. If you are considering contesting a will, you will need a litigation lawyer. We explain why below.
Grounds for Contesting a Will in New Zealand
There are three main legal avenues for challenging a will in New Zealand.
1. Family Protection Act 1955
The Family Protection Act allows certain family members to claim that the will does not make adequate provision for their “proper maintenance and support.” This is the most common basis for contesting a will in New Zealand.
Who can claim: The spouse or partner of the deceased, children (including adult children and stepchildren in some circumstances), grandchildren, and parents of the deceased.
The test: The court considers whether the will makes adequate provision for the claimant’s proper maintenance and support, having regard to the size of the estate, the claimant’s needs, and the nature of the relationship with the deceased.
What the court can do: The court can vary the distribution of the estate as it sees fit. This might mean a larger share for the claimant, specific assets being transferred, or a lump sum payment.
2. Law Reform (Testamentary Promises) Act 1949
This Act protects people who worked for or provided services to the deceased during their lifetime, based on a promise that they would be compensated in the will. If the will does not fulfil that promise, the person can make a claim.
Who can claim: Anyone who rendered services to the deceased in reliance on a promise or understanding that they would be rewarded in the will.
The test: The claimant must show that they rendered services to the deceased, that there was a promise (express or implied) of testamentary reward, and that the will does not adequately fulfil that promise.
3. Property (Relationships) Act 1976
The Property (Relationships) Act applies to the division of relationship property when a relationship ends — including when it ends by death. A surviving spouse or partner can elect to take their entitlement under this Act instead of (or in addition to) what the will provides.
Who can claim: A surviving spouse, civil union partner, or de facto partner (where the relationship lasted at least three years, or in certain other circumstances).
The test: The surviving partner can choose to have relationship property divided under the Act rather than accepting what the will provides. Generally, relationship property is divided equally.
Other Grounds for Challenging a Will
Beyond the three main statutes, a will can also be challenged on the basis that:
- The will is invalid — it was not properly executed (e.g., not signed, not witnessed correctly), or the deceased lacked testamentary capacity when they made it
- Undue influence — someone pressured or coerced the deceased into making the will
- Fraud or forgery — the will was forged or the deceased was deceived about its contents
- A later will exists — a more recent valid will supersedes the one being probated
These challenges go to the validity of the will itself, rather than seeking a greater share of the estate.
Time Limits for Contesting a Will
Time limits are critical. Under the Family Protection Act 1955 and the Law Reform (Testamentary Promises) Act 1949, claims must be filed within 12 months of the date probate or letters of administration are granted.
The court has discretion to extend this period, but extensions are not guaranteed. The longer the delay, the harder it becomes to obtain leave.
Property (Relationships) Act claims have separate procedural requirements — legal advice should be obtained promptly.
If you are considering a claim, do not wait. Obtain legal advice as soon as possible after the death or after you learn the contents of the will.
Contested vs Uncontested Probate — What Is the Difference?
Uncontested probate is when no one disputes the will or the right of the executor to obtain a grant. The application proceeds administratively through the High Court. This is what Simply Probate handles.
Contested probate (or a “will dispute”) is when someone challenges the will, the appointment of the executor, or the distribution of the estate. This becomes litigation — it may involve court proceedings, evidence, cross-examination, and a hearing before a judge.
The two are fundamentally different processes:
| Uncontested probate | Contested probate / will dispute | |
|---|---|---|
| What it involves | Administrative application to the High Court | Court proceedings — pleadings, evidence, hearing |
| Who handles it | Probate preparation service or solicitor | Litigation lawyer (barrister or solicitor with litigation experience) |
| Typical cost | $699–$5,000 | $10,000–$100,000+ depending on complexity |
| Typical timeline | 2–4 weeks from filing | 6 months to 2+ years |
| Court appearance | Not required | Likely required |
What to Do If You Want to Contest a Will
- Get legal advice immediately. Time limits are strict. A litigation lawyer can assess whether you have a viable claim.
- Do not delay the probate application. Contesting a will does not prevent probate from being granted. You may need to file a caveat to protect your position while your claim is assessed.
- Understand the costs. Will disputes can be expensive. Ask your lawyer about costs upfront, including whether costs orders might apply if the claim is unsuccessful.
- Consider mediation. Many estate disputes can be resolved through negotiation or mediation without a full court hearing.
What to Do If a Will You Are Probating Is Contested
If you are an executor and someone has indicated they intend to challenge the will:
- Obtain legal advice before proceeding with the probate application
- Do not distribute any estate assets until the dispute is resolved
- Consider whether a caveat has been filed against the grant
Need Help?
For uncontested probate: Simply Probate prepares straightforward probate applications for a fixed fee. Start your application or call 027 603 6144.
For contested matters: If you need to contest a will or defend against a claim, you need a litigation lawyer. Rion Norris is a barrister specialising in civil litigation including estate disputes. Contact Rion Norris.
Frequently Asked Questions
Can you contest a will in New Zealand?
Yes. A will can be contested in New Zealand under the Family Protection Act 1955, the Law Reform (Testamentary Promises) Act 1949, and the Property (Relationships) Act 1976. Claims can also be made if the will is invalid, was made under undue influence, or is a forgery.
How long do you have to contest a will in NZ?
Claims under the Family Protection Act and the Testamentary Promises Act must be filed within 12 months of the grant of probate or letters of administration. The court can extend this period, but delays reduce the likelihood of an extension being granted.
How much does it cost to contest a will in New Zealand?
Contesting a will involves litigation. Costs vary widely depending on complexity, but typically range from $10,000 to $100,000 or more. Many disputes are resolved through mediation at lower cost. Costs orders may apply if the claim is unsuccessful.
Do I need a lawyer to contest a will?
Yes. Contesting a will involves court proceedings — filing claims, preparing evidence, and potentially appearing before a judge. This requires a litigation lawyer, not a probate preparation service.
Can I stop probate from being granted while I contest the will?
You can file a caveat with the High Court, which puts a hold on the grant of probate until the court determines the dispute. A caveat should be filed promptly — once probate is granted, the process becomes more complex.
What is the difference between contesting a will and applying for probate?
Applying for probate is an administrative process where the executor asks the court to confirm the will and authorise them to administer the estate. Contesting a will is litigation — a legal challenge to the will or the distribution of the estate. They are fundamentally different processes requiring different professional expertise.