Can I challenge a will in New Zealand?

Possibly. A will can be challenged in certain circumstances, including where there are concerns about its validity, testamentary capacity, undue influence, or where an eligible family member believes they have not been adequately provided for. Whether you have grounds to make a claim will depend on your individual circumstances and the relevant legislation.

How long do I have to make a claim against an estate?

Many estate claims are subject to strict legal time limits, and the timeframe can vary depending on the type of claim being made. Seeking legal advice as early as possible is important to ensure your rights are protected and any deadlines are met.

Can estate disputes be resolved without going to court?

Yes. Many estate disputes can be resolved through negotiation or mediation before formal court proceedings become necessary. Early legal advice can help clarify the issues, facilitate discussions between the parties, and often achieve a practical resolution while preserving family relationships where possible.

What should I do if I have been named as an executor and someone disputes the will?

If you're an executor and a claim has been made against the estate, it's important to seek legal advice before distributing any assets. Executors have legal responsibilities to administer the estate correctly while responding appropriately to any disputes or claims. We can guide you through the process and help protect both the estate and your position as executor.

Who can make a claim against an estate?

Depending on the circumstances, claims may be made by certain family members, dependants, beneficiaries, or people who believe they have legal grounds under legislation such as the Family Protection Act or the Law Reform (Testamentary Promises) Act. We can advise whether you may be eligible to bring or defend a claim.

Estate Litigation | Smith and Partners Lawyers

The death of a loved one is already a difficult time, and disagreements over a will or estate can make the situation even more challenging. Whether you have concerns about the validity of a will, believe you have not been adequately provided for, or are defending a claim against an estate, understanding your rights and options is an important first step.

At Smith and Partners, we provide practical advice and representation to individuals, executors, trustees, and beneficiaries involved in estate disputes throughout Auckland and New Zealand.

Common estate matters

Our team regularly advises clients on matters including:

Challenging the validity of a will
Defending a will against a claim
Family Protection Act claims
Testamentary capacity disputes
Undue influence and suspicious circumstances
Estate administration disputes
Executor and administrator disputes
Claims under the Law Reform (Testamentary Promises) Act

Every estate is different, and the appropriate approach will depend on the circumstances surrounding the dispute and the terms of the will.

Understanding estate litigation

Estate litigation involves disputes relating to a deceased person's estate, including claims against a will, disagreements about estate administration, and disputes between beneficiaries, executors, or family members.

Not every disagreement requires court proceedings. In many situations, early legal advice can help clarify the issues, preserve important evidence, and identify opportunities to resolve the matter before it escalates.

Resolving estate disputes

Estate disputes often involve both legal and personal considerations. Wherever possible, we aim to resolve matters through negotiation or mediation before formal court proceedings become necessary.

Depending on your circumstances, resolution may involve:

Negotiation between the parties
Mediation
Family Protection Act claims
Testamentary Promises Act claims
High Court proceedings where required

Our focus is always on achieving a practical outcome while respecting the sensitive nature of estate disputes.

Can I challenge a will in New Zealand?
Possibly. A will can be challenged in certain circumstances, including where there are concerns about its validity, testamentary capacity, undue influence, or where an eligible family member believes they have not been adequately provided for. Whether you have grounds to make a claim will depend on your individual circumstances and the relevant legislation.
How long do I have to make a claim against an estate?
Many estate claims are subject to strict legal time limits, and the timeframe can vary depending on the type of claim being made. Seeking legal advice as early as possible is important to ensure your rights are protected and any deadlines are met.
Can estate disputes be resolved without going to court?
Yes. Many estate disputes can be resolved through negotiation or mediation before formal court proceedings become necessary. Early legal advice can help clarify the issues, facilitate discussions between the parties, and often achieve a practical resolution while preserving family relationships where possible.
What should I do if I have been named as an executor and someone disputes the will?
If you're an executor and a claim has been made against the estate, it's important to seek legal advice before distributing any assets. Executors have legal responsibilities to administer the estate correctly while responding appropriately to any disputes or claims. We can guide you through the process and help protect both the estate and your position as executor.
Who can make a claim against an estate?
Depending on the circumstances, claims may be made by certain family members, dependants, beneficiaries, or people who believe they have legal grounds under legislation such as the Family Protection Act or the Law Reform (Testamentary Promises) Act. We can advise whether you may be eligible to bring or defend a claim.

Left Out of Your Parent’s Will? Your Rights and Estate Claims Explained

By Carolyn Ranson • June 13, 2026

Being left out of a parent’s Will — or receiving less than you expected — can be both surprising and distressing. The law in New Zealand provides that, in many cases, this may not be the end of the matter.

Why Estate Disputes Still Happen: The 2026 Patterns behind Estate Claims

By Carolyn Ranson • June 7, 2026

In our experience, estate disputes are rarely unexpected. They tend to arise where known risk factors—such as estrangement, informal caregiving arrangements, or uneven provision in a will—have not been addressed clearly during lifetime.

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By Natalie Miller • May 26, 2026

In the realm of civil and family litigation, the decision to settle a dispute rather than pursue a judicial outcome is often framed as a tactical choice

Red arrow pointing up, surrounded by white arrows pointing to the side, against a blue background.

Opportunities and challenges as the Disputes Tribunal’s Jurisdiction Increased to $60,000

By Nathan Tetzlaff • January 30, 2026

The jurisdiction of the Disputes Tribunal doubled from $30,000 to $60,000 on 24 January 2026, causing significant changes for collecting medium sized debts. This increase is intended to improve access to justice and reduce the need for costly District Court litigation for medium sized disputes.

Litigation &

Dispute Resolution