Understanding the reasons to contest a will in NZ starts with recognising that will disputes rarely come down to a single issue. Below are the most common reasons people in New Zealand end up contesting a will—some relate to how the will-maker was treated when they made it, while others concern how the will affects the people left behind.
1. You Were Left Out — or Given Very Little
The most common reason. Spouses, partners, and children who receive little or nothing from an estate may have grounds under the Family Protection Act 1955 if the will-maker failed in their moral duty to provide for them adequately.
2. The Will-Maker May Not Have Had Capacity
Dementia, Alzheimer’s, or other conditions affecting memory and judgment can raise genuine questions about whether the will-maker understood what they were signing. See our full guide on contesting a will due to dementia or lack of capacity.
3. Someone May Have Pressured the Will-Maker
Undue influence claims arise where a will-maker — often elderly, isolated, or otherwise vulnerable — is alleged to have been manipulated or coerced into making decisions that don’t reflect their genuine wishes.
4. A Sudden, Unexplained Change to the Will
A will altered shortly before death, especially one that unexpectedly favours a new or recently involved beneficiary, is a common trigger for a challenge — particularly when combined with signs of declining health or capacity.
5. The Will Wasn’t Signed or Witnessed Correctly
New Zealand law sets formal requirements for how a will must be executed. If these formalities weren’t followed, the will’s validity can be challenged on procedural grounds alone, regardless of the will-maker’s intentions.
6. A Spouse or Partner Wants to Claim Relationship Property Instead
Rather than accepting what a will provides, a surviving spouse or partner can choose to claim their entitlement under the Property (Relationships) Act 1976, which can produce a different outcome to the will.
7. Suspected Fraud or Forgery
Less common, but serious — claims that a will or a signature on it was fraudulently created or altered. These cases typically rely on forensic and handwriting evidence.
8. Unequal Treatment Between Children Without Explanation
While a will-maker isn’t required to treat children equally, an unexplained and significant disparity — especially where one child received substantially more care or financial support from the family in life — is a common basis for a claim, particularly for dependent or vulnerable children.
Not Sure Which Reason Applies to You?
Most of these reasons map to specific legal grounds, and more than one can apply to the same estate. Our guide to grounds for contesting a will in New Zealand breaks these down in more legal detail, and our guide on who can contest a will confirms whether you have standing to bring a claim at all.
How Agile Legal Can Help
If any of these reasons to contest a will in NZ sound familiar, the next step is to have an honest conversation about whether you have a realistic case. Agile Legal advises both claimants and executors on will disputes across New Zealand as part of our will contest and estate litigation services. You may also want to read our guides on your chances of successfully contesting a will and 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.