There isn’t a single way to contest a will in New Zealand — there are several distinct legal grounds, each with its own test and its own evidence requirements. Knowing which one applies to your situation is the first step to understanding whether you have a case.
1. Failure to Provide Adequately for Family (Family Protection Act 1955)
The most common ground for contesting a will. Under the Family Protection Act 1955, certain family members — spouses, partners, children, and some dependants — can claim the deceased failed in their moral duty to provide for them. This isn’t about equal shares; it’s about adequate provision, and courts weigh the specific relationship and circumstances.
2. Relationship Property Claims (Property (Relationships) Act 1976)
A surviving spouse or partner can choose to claim their entitlement under the Property (Relationships) Act 1976 instead of accepting what the will provides. This is a separate pathway from a Family Protection Act claim and often produces a different outcome, so the choice between them matters.
3. Lack of Testamentary Capacity
A will can be challenged if the will-maker didn’t have the mental capacity to understand what they were doing when they made it. This ground often arises where the will-maker had dementia or a similar condition — a diagnosis alone doesn’t invalidate a will, but it opens the question of capacity at the specific time of signing.
4. Undue Influence
Where someone is alleged to have pressured, manipulated, or coerced the will-maker into making decisions that don’t reflect their genuine wishes, the will (or the affected parts of it) can be challenged on the grounds of undue influence. This often overlaps with capacity claims, particularly involving vulnerable or isolated will-makers.
5. Lack of Proper Execution
New Zealand law sets formal requirements for how a will must be signed and witnessed. If these formalities weren’t followed correctly, the will’s validity can be challenged on procedural grounds, regardless of the will-maker’s actual intentions.
6. Fraud or Forgery
Less common but serious: claims that a will (or a signature on it) was fraudulently created or altered. These cases usually involve forensic and handwriting evidence.
Which Ground Applies to You?
Many contests involve more than one ground argued together — for example, a capacity claim alongside undue influence, or a family provision claim as a fallback if a validity challenge doesn’t succeed. Before deciding which pathway to pursue, it’s worth confirming you have standing to contest the will in the first place.
How Agile Legal Can Help
Identifying the right ground — or combination of grounds — shapes the whole strategy of a claim. Agile Legal advises claimants and executors on will contests across New Zealand as part of our will contest and estate litigation services. If you’d like to understand your realistic prospects, see our guide on chances of successfully contesting a will in NZ, or if cost is your main concern, see how much it costs to contest a will.
Get in touch with our estate litigation team for a confidential assessment of your situation.
This article provides general information only and does not constitute legal advice. Every claim depends on its specific facts — speak with a lawyer about your circumstances.