Can I challenge my parent's will if I was left out?

General information from Lawmateanz

In New Zealand, being left out of a will doesn't automatically make it unfair, but certain family members can ask the court to change how an estate is divided.

Under the Family Protection Act 1955, children (including adult children), partners, some grandchildren and stepchildren, and in some cases parents, can make a claim if the will didn't adequately provide for their proper maintenance and support. The court looks at whether the person who died had a 'moral duty' to provide for them, and only makes the changes needed to put that right.

Claims must generally be filed within 12 months of the grant of probate or administration. The court can sometimes allow a late claim, but not once the estate has been distributed.

Other claims may also be possible, for example if the person promised to leave you something in return for work or help you gave them, or if there are doubts about whether the will is valid.

Act promptly and keep any relevant letters or messages. Community Law Centres offer free initial help, and an estates lawyer can tell you whether a claim is likely to succeed.

Written by Lawmateanz, not by a lawyer. General information only, not legal advice about your situation. For advice about your own matter, talk to a lawyer.

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