Challenging a Will in New ZealandWhen Can a Claim Be Made?

Why it matters

A will does not always prevent disagreement. Questions may arise about whether the will was legally valid, whether the will-maker understood what they were signing, or whether adequate provision was made for certain family members.

A will may be disputed because

• •It was not signed or witnessed correctly
• •The will-maker may have lacked mental capacity
• •There are concerns about pressure or undue influence
• •A later will may exist
• •The meaning of the will is unclear
• •An eligible family member believes inadequate provision was made
• •A spouse or partner has relationship-property rights

A valid will can still be affected by claims under other legislation. Time limits may apply — some applications must generally be brought within 12 months of the grant of probate, although different limits can apply in particular situations.

Seeking advice early is important because executors may begin distributing the estate once the legal process is underway.