Being unhappy with what you received — or didn’t receive — from a will isn’t enough on its own to challenge it. New Zealand law only allows certain people to bring a claim. Understanding whether you’re one of them is the first question to answer before anything else.
The Short Answer
You can generally contest a will in New Zealand if you fall into one of these categories:
- Spouses, civil union partners, and de facto partners of the deceased
- Children of the deceased, including adopted children
- Grandchildren and stepchildren who were being financially maintained by the deceased at the time of death
- Other dependants the deceased had a recognised duty to provide for
Distant relatives, friends, and others outside these categories generally don’t have standing to bring a claim, no matter how close the relationship felt.
The Two Main Legal Pathways
Most will contests in New Zealand are brought under one of two pieces of legislation, each with a different focus and eligibility test: the Family Protection Act 1955, which deals with whether the deceased adequately provided for family members, and the Property (Relationships) Act 1976, which deals with relationship property claims by a surviving spouse or partner.
A will can also be challenged on grounds unrelated to family provision — for example, where the will-maker lacked testamentary capacity or was subject to undue influence when the will was made. Our guide to grounds for contesting a will in New Zealand covers these in detail.
Does Your Relationship to the Deceased Qualify?
Spouses and Partners: Have standing under both the Family Protection Act and the Property (Relationships) Act, and often have the strongest claims, particularly where they’ve been left with little or nothing.
Children: Have standing regardless of age, though adult children who are financially independent generally need to show a stronger case than minor or dependent children.
Grandchildren and Stepchildren: Can bring a claim if they can show they were being maintained by the deceased — this isn’t automatic and depends on the specific relationship.
Other Dependants: In limited situations, others who were financially dependent on the deceased may also have standing, though these claims are less common and more fact-dependent.
What If You Don’t Fit These Categories?
If you don’t fall within a recognised category, a direct will contest usually isn’t available to you, even if the outcome feels unjust. In some situations there may be other legal avenues — for example, disputes over the validity of the will itself, rather than its fairness — so it’s still worth getting advice before ruling anything out.
How Agile Legal Can Help
If you’re unsure whether you have standing to contest a will, the fastest way to find out is a straightforward conversation with a lawyer who handles these claims regularly. Our team advises both claimants and executors across New Zealand as part of our will contest and estate litigation services. Once you’ve confirmed you’re eligible, our guides on what your chances of success look like and how much it costs to contest a will are good next steps.
Get in touch with our estate litigation team for a confidential assessment of your eligibility.
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.
Frequently Asked Questions
Can a friend contest a will in New Zealand?
Generally no. Standing to contest a will is limited to spouses/partners, children, and certain dependants such as maintained grandchildren or stepchildren.
Can adult children contest a will?
Yes, adult children can bring a claim, though financially independent adult children typically need a stronger case than minor or dependent children.
Do stepchildren have the right to contest a will?
Stepchildren can have standing if they were being financially maintained by the deceased, though this isn’t automatic and depends on the specific relationship.
What’s the difference between contesting a will for unfairness and contesting its validity?
Family provision claims argue the deceased failed to adequately provide for you. Validity challenges argue the will itself isn’t legally valid — for example, due to lack of capacity or undue influence.