A will is meant to bring clarity and peace of mind, yet far too many New Zealand families find themselves locked in bitter disputes after a loved one passes away.
What should be a time for grieving instead becomes a battlefield of conflicting claims, hurt feelings, and mounting legal bills.
The good news is that most of these disputes stem from preventable mistakes that occur during the drafting and execution of a will. Knowing what those mistakes are can help you create a will that truly protects your family instead of dividing them.
Below is a list common mistakes that lead to will disputes, and what you can do to avoid them.
Ambiguous or Unclear Language
One of the most frequent causes of will disputes in New Zealand is the use of vague or ambiguous language.
When a will contains unclear instructions about what beneficiaries should receive, it may lead to difficulties by the executor or administrator of your will in making those distributions. This can lead to disagreements and potential legal action.
For example, phrases like “my personal belongings” or “my estate should be divided fairly” leave too much room for interpretation and can result in bitter family arguments.
The problem becomes even more complex when a will uses informal language or fails to clearly identify who the beneficiaries and what the assets of the estate are.
If you refer to someone by a nickname without their legal name, or if you describe property without providing sufficient detail, the person administering your estate and beneficiaries may struggle to determine what your testamentary intentions are.
This ambiguity often forces families to seek court intervention through will interpretation claims, which can drain the estate’s resources and delay distribution for months, even years.
To avoid these disputes, wills should be drafted with precise language that clearly identifies every beneficiary by their full legal name and describes each asset with enough detail to prevent confusion.
Rather than saying “my jewellery” you might specify “my diamond engagement ring” or “my collection of gold bracelets”. This level of detail eliminates guesswork and helps ensure your wishes are carried out exactly as intended.
Failing to Update Your Will Regularly
Life circumstances change constantly, but many New Zealanders make the mistake of creating a will and never reviewing it again.
This oversight can lead to significant disputes, especially when major life events occur after the will is written.
Marriages, divorces, births, deaths, property purchases, and changes in relationships with beneficiaries can all make an outdated will invalid or inappropriate.
In New Zealand, marriage automatically revokes any will made before the marriage unless the will was explicitly made in contemplation of that marriage. This means couples who marry without updating their wills may die intestate, leaving their estate to be distributed according to the Administration Act 1969 rather than their wishes.
Similarly, if you’ve named beneficiaries (without any alternative beneficiaries being named) who have since passed away or fallen out of your life, your will may distribute assets to people you no longer wish to benefit.
Relationship breakdowns present another common issue with outdated wills. If you separate you’re your spouse without dissolving your marriage, but fail to update your will, they may still be entitled to inherit under that will, even if you don’t want them to receive anything.
Regular reviews every three to five years, or after any major life change, help ensure your will remains current and reduces the likelihood of disputes based on outdated information and wishes.
Not Following Proper Execution Requirements
New Zealand law sets out specific requirements for executing a valid will, and failing to meet these standards can result in the entire document being challenged or declared invalid.
Under the Wills Act 2007 (WA), a will must be in writing, signed by the testator, and witnessed and signed by two people who are both present at the same time.
Many disputes arise when these formalities are not properly followed. If a will is witnessed by only one person, or if the witnesses were not present together when the testator signed, the document may be deemed invalid.
Similarly, witnesses cannot be beneficiaries under the will or married to beneficiaries, as this creates a risk of undue influence and is grounds to invalidate the will entirely.
Electronic or verbal wills can also create problems in New Zealand. While the WA allows for electronic wills in limited circumstances, most require traditional paper documentation.
Recorded videos, emails, or text messages expressing your wishes generally won’t be recognised as a valid will unless an application for them to be validated under the WA is made. Even if you clearly state your intentions in these formats, family members may dispute the validity and force the estate into costly litigation.
Leaving Out Important Beneficiaries
Accidentally omitting someone who expects to inherit can trigger immediate and fierce will disputes.
In New Zealand, this commonly occurs when testators forget to include children from previous relationships, stepchildren they helped raise, or grandchildren they were close to.
Even if the omission was unintentional, the excluded party may believe they were deliberately cut out and challenge the will.
The situation becomes particularly contentious when a testator has multiple families or complex relationship histories.
If you have children from different relationships, failing to mention all of them by name can suggest that some were forgotten or deliberately excluded.
This creates hurt feelings and often leads excluded children to file claims under the Family Protection Act or contest the will on grounds of testamentary capacity.
In some cases, testators deliberately exclude family members but fail to explain their reasoning in the will.
While you have the right to leave your estate to whomever you choose, providing a clear statement of reasons for excluding someone can help prevent disputes.
Courts in New Zealand may consider these explanations when evaluating family protection claims, and they can help other family members understand your decision, reducing the likelihood of bitter arguments.
Making Inadequate Provision for Dependents
Many people believe they have absolute freedom to leave their money to whoever they choose, but New Zealand law tells a different story.
The Family Protection Act 1955 (FPA) gives certain classes of family members the power to challenge your will if it leaves them high and dry, even if that’s exactly what you intended.
This law recognises that financial obligations don’t simply vanish when someone dies, and it’s become one of the most common battlegrounds for will disputes across the country.
Surviving spouses, de facto partners, biological children, stepchildren, and grandchildren can all launch family protection claims if they can show the will doesn’t adequately provide for their needs.
The courts carefully weigh factors like the person’s financial situation, how close they were to you, the size of your estate, and what responsibilities you had toward them.
Picture a parent who leaves their entire estate to one successful child while completely overlooking another child who is struggling financially or is dealing with hardship. That excluded child has strong grounds to challenge the will to make a provision out of the estate, and they’ll likely win.
The mistake many people make is thinking they can do whatever they want with their estate, consequences be damned.
You do have considerable freedom in New Zealand, but that freedom comes with strings attached.
The law expects you to look after those who genuinely depend on you, and ignoring this responsibility doesn’t just create hurt feelings. It opens the door to years of legal proceedings that can burn through a substantial portion of the very inheritance you were trying to protect.
DIY Wills Without Legal Guidance
The rise of online will kits and templates has made it easier than ever for New Zealanders to draft their own wills without legal assistance.
While this may seem cost-effective, it often leads to significant problems that result in will disputes.
DIY wills frequently contain technical errors, unclear provisions, or fail to account for complex family or financial situations that require tailored solutions.
Will kits typically use generic language that may not suit your specific circumstances. If you own a business, have international assets, or face complex tax considerations, a template will likely prove inadequate.
These kits also cannot guide on New Zealand-specific issues like relationship property, Maori land interests, or the implications of trusts on your estate planning.
Without understanding these nuances, you may create a will that conflicts with other New Zealand law or fails to achieve your goals. The lack of professional oversight also means there’s no one to identify potential problems before they become disputes.
A will lawyer would spot issues like improper execution, conflicting provisions, or distributions that could give rise to FPA claims.
They can also ensure your will coordinates properly with your relationship property agreement, trust documents, and other estate planning tools.
When DIY wills go wrong, the cost of the resulting disputes almost always exceeds what you would have spent on proper legal advice.
Overlooking Blended Family Complexities
Blended families are a minefield when it comes to estate planning, and more New Zealand families fall into this trap than any other.
You’ve got your children, your partner’s children, maybe some stepchildren you’ve helped raise, and everyone has different expectations about what’s fair. Write a will that leans too heavily toward one side, and you’re practically guaranteeing a dispute after you’re gone.
People leave everything to their current partner, trusting them to “do the right thing” and look after the children from their first marriage down the track.
It sounds reasonable, but once your partner inherits your estate, they essentially own it outright. They can remarry, change their mind about your kids, or simply decide their own children deserve it more.
There’s no law forcing them to honour your unspoken wishes. Fast forward a few years, and your children watch helplessly as everything you built goes to people you never intended to benefit, while they get nothing.
Then there’s the stepchild dilemma, which has no easy answers. You’ve been a parent figure to your partner’s child for fifteen years, attending school events, paying for expenses, and building a real relationship.
Leave them out of your will, and you’ll cause genuine pain and resentment. But if you treat them the same as your biological children, your own kids might feel betrayed, especially knowing those stepchildren will also inherit from their other parent.
Every blended family is different, and there’s no one-size-fits-all solution. What matters is thinking it through carefully, considering everyone’s circumstances, and most importantly, talking to your family about your plans before it’s too late.
Need Help Creating a Dispute-Proof Will?
Your will is one of the last gifts you’ll ever give your family, and it should bring them peace, not problems.
The mistakes we’ve covered here trip up countless New Zealanders every year, turning what should be straightforward estate administration into years of painful disputes and drained bank accounts.
The difference between a will that works and one that falls apart often comes down to understanding the law and thinking through the consequences before you put pen to paper.
As will lawyers, we can help you create a will that actually protects your family instead of dividing them.
Contact the team at Evolution Lawyers today to discuss your estate planning needs and make sure your wishes are crystal clear, legally solid, and built to last.