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.

If one of your parents has died leaving a Will that provides you with nothing, or only a limited provision, you may be able to bring a claim for a share — or a greater share — of the estate, provided there are sufficient assets available to claim against.

Your Rights Under the Family Protection Act 1955

The Family Protection Act 1955 recognises that a will-maker owes a “moral duty” to certain close family members. This can include:

1. Children and adult children
2. Spouses and de facto partners
3. Grandchildren (in some cases)
4. Stepchildren (in some cases)

A failure to meet this duty can give rise to a claim against the estate.

How Does the Court Decide Whether to Intervene?

There is no fixed formula. The Court will look at the specific circumstances of each case and will often consider:

1. The nature and quality of the relationship with your parent
2. Emotional support and recognition as part of the family
3. The size of the estate
4. Your financial position and needs
5. Your health or medical circumstances
6. Any contributions you made to your parent’s welfare or estate
7. Gifts or support received during your parent’s lifetime
8. Competing claims from other family members
9. Any change in circumstances after your parent’s death

Will the Court Always Award Something?

Where an adult child has been completely excluded, the Court is generally more likely to intervene and make provision. However:

1. The Court does not simply divide estates equally
2. Parents are not legally required to treat children the same
3. An unequal distribution alone is not enough to justify a claim

Each case turns on its own facts.

How Much Might You Receive?

The Court’s role is not to rewrite the Will. Instead, it will:

1. Intervene only if there has been a breach of moral duty
2. Award the minimum amount necessary to remedy that breach

This is why careful legal analysis and strategic advocacy are critical to achieving the best possible outcome.

Can You Still Claim if Assets Were Transferred Before Death?

Even where a parent has transferred assets out of their name during their lifetime, or held property jointly with a spouse or partner, a claim may still be available in certain circumstances.

These situations can be legally complex and often require early specialist advice. Read our article on claims against a step parent’s estate here.

Why Early Legal Advice Matters

Family Protection Act claims are time-sensitive and fact-specific. Delay or missteps early on can impact the strength of your claim.

Smith & Partners has considerable experience advising on estate disputes and Family Protection Act claims, particularly those involving adult children.

Speak to an Experienced Estate Litigation Lawyer

If you have been left out of a Will, believe you have not been adequately provided for or you want to defend a claim, we recommend obtaining advice promptly.

If you require assistance with estate claims, wills or potential disputes, our experienced team is here to help. Contact us to discuss your options in confidence.