Contesting a will in New Zealand: the grounds, the cost and the time limits

Written by · Reviewed by Smiths Insurance & KiwiSaver, licensed Financial Advice Provider (FSP712931) · Updated 2026-10-20 · Reviewed annually, or sooner if the rules it describes change.

In New Zealand you can challenge a will in four ways: by arguing it is not legally valid, by claiming under the Family Protection Act 1955 as a close family member who was not adequately provided for, by claiming under the Law Reform (Testamentary Promises) Act 1949 for a promised reward for services, or, as a surviving partner, by choosing a division of relationship property instead of what the will gives. Filing a claim is free, and the main deadline is 12 months from the grant of administration. The clock runs from the grant, not from the death. This is general information, not legal advice.

A will being unfair is not itself a ground. The court asks whether the claimant fits a protected category and whether the test for that claim is met. Which route applies decides who can claim, what must be proved and how long you have. The table below compares them, and the sections after it take each in turn.

The four routes compared

Invalid will Family Protection Act 1955 Testamentary Promises Act 1949 Property (Relationships) Act 1976
Who The Community Law page does not say; ask a lawyer Defined family members People who provided work or services in return for a promise of provision in the will Surviving spouse, civil union or de facto partner
What you argue Not signed or witnessed correctly, no capacity, did not know the contents, fraud or undue influence Adequate provision for proper maintenance and support was not made A promise of reward from the estate for services you gave Seek half of the relationship property instead of what the will or intestacy gives
Time limit Raise it before probate: file a caveat 12 months from the grant 12 months from the grant 6 months from the grant to choose, in writing with a lawyer's certificate
Result Will set aside; earlier will, or intestacy Court redistributes the estate, minimum change Payment or transfer of property Division of relationship property

Sources: Community Law: Challenging a will; Ministry of Justice: Apply to challenge a will; Family Protection Act 1955, s9; Property (Relationships) Act 1976, ss61 to 68; retrieved 20 October 2026.

Is the will legally valid?

A will can be challenged because it was not made and witnessed correctly, because the deceased did not have full mental capacity, did not know what the will contained when they signed, or because someone fraudulently wrote or changed it, or took advantage of them and excessively influenced or coerced them (Community Law: If you think the will isn't legally valid). This is a High Court matter that usually needs a lawyer. Community Law says that once you decide to challenge, you can file a warning, called a caveat, with the High Court before probate is granted. A court can still declare a will invalid after probate, but this is harder and some of the estate may already have been distributed.

Two cautions. A will that lacks a formality, such as two witnesses, can still be approved by the High Court if the judge is satisfied it expresses the deceased's intentions (Wills Act 2007, s14). And if a will is thrown out entirely, an earlier will is reinstated if there is one; if not, the estate is distributed under the intestacy rules in dying without a will.

The Family Protection Act 1955: who can claim

The Act lets certain people apply where "adequate provision" for their "proper maintenance and support" was not available from the estate, with or without a will (s4). Section 3 lists them: a spouse or civil union partner; a de facto partner at the time of death; children; grandchildren living at the time of death; stepchildren who were being maintained (or were entitled to be) immediately before death; and parents. A parent can claim only if the deceased was maintaining them (or they were entitled to be) immediately before death, or if there is no living spouse, civil union partner, qualifying de facto partner or child of the relationship (s3(1A)). Friends, siblings and nieces and nephews are not on the list.

Community Law says the court is generally hesitant to override a will or intestacy rules and, if it finds the distribution does not meet the test, "will only make the minimum changes necessary to remedy the breach". The factors the court weighs include what you were left, what the deceased's own opinions and wishes were, your age, health and ability to earn, your financial position, the size of the estate, and your relationship with the deceased. We could not find a published success rate, so this page does not quote one.

The claim must be filed within 12 months of the grant of administration in New Zealand. Both a grant of probate and letters of administration count. The period is 2 years where an administrator applies on behalf of someone who is not of full age (a minor) or lacks mental capacity. The court can extend time, but only if the application is made before final distribution, and "there's no guarantee more time will be given" (Ministry of Justice).

The Testamentary Promises Act 1949

This Act is for someone who provided work or services to the deceased in return for a promise of provision in the will that was not kept (Community Law). The Ministry of Justice says to apply within 12 months of the grant of administration. We did not read the Act itself, so this page cites the Ministry's summary only. The Ministry's page lists forms G5 (application for order on notice), G7 (information sheet) and G21 (interlocutory application without notice), and says applications must be filed in the court nearest where the applicant, or one of the applicants, lives.

The surviving partner's choice

A surviving spouse, civil union partner or de facto partner has a different option that is not strictly a challenge. They may apply for a division of relationship property under the Property (Relationships) Act, or take what the will or intestacy gives them. The choice has a 6-month deadline from the grant and must be made in writing with a lawyer's certificate; if none is made, the will or intestacy gift applies, and any extension must be asked for before final distribution. A de facto partner in a "relationship of short duration" (under 3 years, or longer where a court thinks it just, Property (Relationships) Act s2E) is treated differently; see relationship property.

How much does contesting a will cost?

Filing is free: "It's free to make an application to challenge a will" (Ministry of Justice). Lawyers' fees are the real cost, and no source we found publishes a typical figure for a contested claim, so we do not give one. Whether the estate or the parties pay legal costs is not covered by the Ministry or Community Law pages we read, so ask a lawyer about the risk of an adverse costs order before you start. The Ministry says you may be eligible for legal aid, and your local Community Law Centre gives free initial legal advice. Lawyer fees for the estate itself are in probate lawyer fees.

If you are the executor

Claims arrive after the grant, and your own protection has limits. Under section 47 of the Administration Act 1969, no action lies against an administrator for a distribution properly made more than 6 months after the grant, before service of any application, and without written notice of an application or an intention to apply, for claims under the Family Protection Act, Testamentary Promises Act, Property (Relationships) Act and similar (Administration Act 1969, ss47 and 48). That does not stop a claim being brought within the 12-month window, and it does not protect an earlier payment. If a claim is on the horizon, distributing carefully and taking legal advice is the usual answer. See the executor of a will and letters of administration.

The process, in order

  1. Find out the grant date (the High Court's probate or letters of administration), because it starts the clocks. Ask the court registry or your lawyer for the date; sources give wide ranges for how long a grant takes, covered in probate.
  2. Get a copy of the will from the High Court file after probate is applied for, or from the lawyer (how to find a will).
  3. Book free initial advice with a Community Law Centre or a lawyer, and ask about legal aid.
  4. If it is a validity challenge, ask about a caveat before the grant.
  5. File at the court nearest to where you live, using the Ministry's three forms (G5, G7 and G21). A validity challenge is a High Court matter, so a lawyer will usually do this.

Where this fits

Contesting is one branch of a wider set of estate decisions. If you are the one writing a will and want to lower the chance of a claim, see making a will. Whether life insurance goes through the estate depends on policy ownership and nomination: see who gets your life insurance payout and the estate planning hub.

Financial advice is provided by Craig Smith Business Services Limited, trading as Smiths Insurance & KiwiSaver, a licensed Financial Advice Provider (FSP712931). QuoteHub is a trading name.

Adviser's view

The gap that matters most is between 'I disagree with the will' and 'I have a claim'. The Family Protection Act protects a defined list of relationships and asks whether adequate provision was made, and courts make only the minimum change needed. A will that is simply unfair is not enough. Time limits can start before you expect, so get legal advice early. Community Law gives free initial advice.
, Financial Adviser (FSP1010699). General information, not personalised financial advice.

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Cite this page QuoteHub NZ (2026). Contesting a Will NZ: Grounds, Costs and Process. www.quotehub.co.nz/guides/estate/contesting-a-will-nz. Updated 2026-10-20.

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