I was promised something in a will but didn't receive it. Can I claim?

General information from Lawmateanz

In New Zealand, the Law Reform (Testamentary Promises) Act 1949 lets you claim against an estate if the person who died promised to leave you something in their will in return for work or services you gave them.

You need to show there was a promise, express or implied, that you provided work or services, and that the promise was linked to them. Caring for someone in their later years is a common example.

If the claim succeeds, the court can award a reasonable amount from the estate, taking into account the value of what you did and what was promised.

Claims generally need to be filed within 12 months of the grant of probate or administration, so act promptly.

Keep any messages, letters or witnesses that show the promise. Community Law Centres offer free initial help, and an estates lawyer can assess the claim.

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.

Lawyers listed on Lawmateanz can answer this question. If you asked it, we'll email you as soon as it's answered.

Are you a lawyer? Answer this question · List free on Lawmateanz

General information only. Answers are written by independent lawyers based only on what's in the question. They aren't legal advice about your situation and don't create a lawyer–client relationship. For advice about your own matter, talk to a lawyer directly.