The case: Lowe v Ngan [2026] NZHC 519
What happened?
Peter had helped his half-brother, Tengor, manage his investment properties for many years.
However, another family member became concerned that Peter had been taking money he wasn't entitled to. That family member convinced Tengor that Peter had defrauded him.
As a result, Tengor changed his will, removing two investment properties that Peter had previously expected to inherit.
Following Tengor's death, Peter challenged what had happened.
What did the High Court decide?
The Court found that the allegations against Peter were incorrect.
However, it also found that the family member who made those allegations genuinely believed they were true.
That distinction was crucial.
Although the information was wrong, the family member had not deliberately or recklessly made false allegations.
Peter's claim of fraudulent calumny therefore failed.
Nevertheless, the decision was significant because it marked the first time the High Court recognised fraudulent calumny in New Zealand law.
What is fraudulent calumny?
Fraudulent calumny can arise when someone deliberately turns a person making a will against another individual by making false allegations about them.
Broadly, it may apply where someone:
- Makes a false allegation about another person.
- Knows the allegation is false or makes it recklessly.
- Intends the allegation to influence the will-maker's decisions.
- Causes the will-maker to act on that information.
Importantly,
a false allegation alone is not enough.
As Lowe v Ngan demonstrates, there is a difference between someone genuinely believing something that turns out to be incorrect and someone knowingly or recklessly making a false allegation.
What evidence might be relevant in a will dispute?
Disputes involving allegations of undue influence or misleading information can be particularly difficult because important conversations often happen privately.
Where there are concerns about why a will was changed, relevant evidence may include:
- Earlier versions of the will.
- Emails and messages between family members.
- Financial records.
- Notes made by the lawyer involved in preparing or changing the will.
These documents may help establish what happened and provide context around the decisions that were made.
The outcome: Peter succeeded on a different claim
Although Peter's fraudulent calumny claim was unsuccessful, that wasn't the end of the matter.
He also brought a separate claim under the
Law Reform (Testamentary Promises) Act 1949.
That claim succeeded, and Peter was awarded two investment properties from Tengor's estate.
This outcome is an important reminder that a dispute about a will may involve more than one potential legal claim.
Even where one claim is unsuccessful, the surrounding circumstances may give rise to other legal options.
Related reading:
Who Can Contest A Will or Make An Estate Claim.
What can we learn from this case?
The decision in Lowe v Ngan highlights three important points for anyone concerned about changes to a loved one's will.
1. False information does not automatically invalidate a change to a will.
The Court distinguished between allegations that were genuinely believed, even if incorrect, and allegations made knowingly or recklessly.
2. Evidence surrounding changes to a will matters.
Earlier wills, correspondence, financial records and legal notes may help establish why decisions were made.
3. There may be more than one way to challenge what has happened.
Peter's fraudulent calumny claim failed, but his separate testamentary promises claim succeeded.
Every family situation is different, so understanding the full circumstances is important before deciding what legal options may be available.
Get legal advice about will and estate disputes
Family disputes following a death can be particularly difficult, especially when there are unanswered questions about why a loved one changed their will.
If you're concerned that a will may have been changed because of false information or family pressure, seeking advice early can help you understand what may have happened, what evidence is available and what options you may have.
Smith and Partners' Estate
Litigation team provides clear, practical and compassionate advice to people dealing with will and inheritance disputes.
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