Losing a loved one is always difficult. Unfortunately, an unfavourable or problematic will can make a difficult time even harder.
If you believe there are issues with a will, whether relating to validity, the capacity of the will-maker, undue influence, or inadequate provision for a family member, we can help.
Contesting a will is often a complex and lengthy process. You need to ensure you have a valid claim and good legal advice. In summary, you need to:
If you are successful in contesting the will, the court will issue a judgment that must be followed by the executor or administrator of the estate.
Before starting litigation, and in appropriate cases, it is possible to lodge a caveat with the High Court against the granting of administration. This will prevent the executor from distributing the assets according to the terms of the will until the claim is resolved.
A will can be challenged or contested on a number of grounds, including the following reasons:
The chances of successfully contesting a will greatly depend on the specific circumstances of the claim.
Important factors that will determine the success of the claim include:
If you are considering making a claim against a will, there are several key factors you should consider:
A will is valid if it complies with the Wills Act 2007. A valid will must be:
If a will does not comply with one or more of the above requirements, there are grounds to contest its validity. However, even if the requirements are not met, the High Court can still declare the will valid if it is satisfied that the will expresses the will-maker’s testamentary intentions.
Testamentary capacity refers to the will-maker having the mental ability to make a will. This is important because if a will-maker lacked capacity, and there is sufficient evidence to prove this, the court can declare the will invalid.
The will-maker must be able to:
Whether the will-maker was suffering from a mental illness will often be a relevant consideration.
Undue influence refers to a situation where a will-maker has been coerced or pressured to make a will. Not all influences fall under this category. Influence will only be undue where the will does not reflect the true wishes of the will-maker. However, this is a matter to be determined by the court based on the evidence provided.
Under the Family Protection Act 1955, if you are a will-maker’s surviving spouse or partner, child (including, in some cases, the adopted child or stepchild), grandchild, or parent (in some cases), you can make a claim against the will-maker’s estate if you believe they did not adequately provide for you in their will.
This is because a will-maker has a moral duty to make adequate provision for the proper maintenance and support of close relatives. Once they have discharged their moral duty, they are generally free to do what they like with their assets.
The Family Court will take a range of factors into account before making any award. These include any moral claims from other claimants, your age and financial position, and the size of the estate.
A will can be contested once probate has been granted. However, the exact timeframe depends on the grounds on which you are contesting the will. Some examples of the usual timeframes for contesting a will are as follows:
Although there are claims that do not have a time restriction, it is better to act as soon as possible to increase your chances of success.
In some cases, a will can be contested before probate is granted. However, the court will not usually hear the dispute until after the grant of probate.
If you believe you have grounds to contest the will, you should inform the executor of the estate of your intentions as soon as possible to prevent the distribution of the estate’s assets before your claim is heard.
Yes, you can contest a will after probate in New Zealand, though the time frame is limited.
Once probate is granted, it means the court has validated the will, and the administrator is allowed to distribute the estate.
However, there are legal avenues for challenging a will after probate has been granted:
For more information on the above, please visit our article on contesting wills in New Zealand.
Contesting a will can be a complex and time-consuming process. The costs involved depend on the claim being made, the process to be followed, the circumstances of the case, and whether there is defended litigation. Costs can vary greatly as a result.
Generally, the party initiating the legal proceedings is responsible for paying their own legal expenses, while the costs of defending a contested will is initially paid by the estate. This means that the executor, who is responsible for managing the estate, can use funds from the estate to pay legal fees and other costs associated with defending the will.
However, the court can determine who should bear the costs of the proceedings. In some cases, the court may order:
Our team of estate lawyers are experts when it comes to contesting wills. Whether you are making a claim against a will, or are defending a will, speak to our team to get the matter sorted by clicking the button below!











![]()
Anna NeillTrustindex verifies that the original source of the review is Google.
I worked with two solicitors at Evolution Lawyers (Soomy Jang and Nimo Ni) and both were terrific. They were very responsive, thorough, and careful to explain a complicated process as carefully as possible. Nimo followed up to answer questions even after settlement. Dana Carrad, Office Coordinator, was also fantastic.![]()
K RTrustindex verifies that the original source of the review is Google.
Friendly service and great legal advice which was clear and easy to understand. Highly recommended!![]()
Anna PhillipsTrustindex verifies that the original source of the review is Google.
I’m incredibly grateful for the support and guidance I received with my inheritance case, which was quite complex due to international inheritance laws. Throughout the entire process, they were responsive, professional, and transparent. They took the time to explain things clearly and made a complicated and stressful process feel much more manageable. I also really appreciated how fair and reasonable they were with their fees. They never charged excessively and often took extra time to answer my questions and provide guidance without adding extra charges. I truly appreciated their expertise, patience, and genuine support and wouldn’t hesitate to recommend them.![]()
Nilen ChettyTrustindex verifies that the original source of the review is Google.
Evolution Lawyers recently handled the sale of my property. I have utilised their services in the past for a sale and purchase, their good service is why I chose them again. Josh was a pleasure to work with and kept me updated all the way. I really liked the teams meeting to sign the final documents. Saved a lot of time by doing this.![]()
Therese SingletonTrustindex verifies that the original source of the review is Google.
Our experience with Evolution lawyers was first class. From the very interaction through to final settlement service was fast and straightforward. We got good solid advice through the process and our lawyer Soomy was clear in his advice. I am a lawyer myself which is always a tough client and I have no hesitation in highly recommending this firm. It is modern, tech savvy and so easy to engage with.![]()
Melanie DaveyTrustindex verifies that the original source of the review is Google.
I absolutely 100% recommend Evolution Lawyers to anyone!!! Matt has been incredible going above and beyond!! I am so forever grateful for everything they have done for me!! 🌟🌟🌟🌟🌟![]()
William PurcellTrustindex verifies that the original source of the review is Google.
It was a real blessing to have Evolution (Nimo & Tamina in particular) oversee the purchase of our property outside of Auckland. Was not a straightforward process. So many unplanned obstacles & delays throughout - but their professionalism, patience & empathy in equal amounts, kept us from worrying & stress. Forever grateful & I highly recommend.![]()
Hamish McDonaldTrustindex verifies that the original source of the review is Google.
Tamina, Nimo and Matt were very supportive, sympathetic and professional in helping us achieve a good outcome in challenging a family estate issue. We would highly recommend Evolution Lawyers. Amanda and Hamish, Sydney![]()
Peter LambertonTrustindex verifies that the original source of the review is Google.
We recently reached out to Tamina after not having worked together for some time. As an ERP implementation consulting firm Primacc Systems deal with complex commercial situations regularly, and on this occasion, we needed clear guidance quickly. Tamina was incredibly responsive and provided practical, well-considered advice at a time when it really mattered. What stands out most is her ability to listen, understand the context, and give straightforward, commercially sensible guidance without overcomplicating things. That combination of responsiveness, clarity, and sound judgement is exactly why Evolution are our lawyers. If you want the right people in your corner then we highly recommend. You won't be dissapointed.