Most estate disputes in New Zealand follow a familiar pattern.

Despite growing awareness, claims against estates under the Family Protection Act 1955 and the Testamentary Promises Act 1949 continue to arise from the same underlying issues - late-life vulnerability, fractured family relationships, unequal contributions, and competing expectations in blended families.

The legal framework for estate litigation in NZ is well established. What drives disputes is not uncertainty in the law, but the human dynamics behind it.

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.

Ill health and late-life decisions

Ill health is a common feature in many will disputes in NZ, particularly where a will is changed later in life. This tends to:

• Increase the likelihood of challenges to testamentary capacity or undue influence
• Change family roles, often with one person becoming more involved in care or decision-making

From a litigation perspective, the Court will look closely at:

• The circumstances in which the will was prepared
• The independence of advice received
• Whether the outcome reflects the testator’s genuine intentions

While ill health does not invalidate a will on its own, it often provides the foundation for a claim—particularly where the outcome appears unusual or unexpected.

Estrangement and inheritance claims in NZ

Estrangement remains one of the most common triggers for challenging a will in New Zealand. However, exclusion from a will is not automatically justified. The Courts take a balanced and fact-specific approach, considering:

• Why the estrangement occurred
• Who was responsible for the breakdown
• The nature of the relationship over time

In many cases, estranged children still bring successful Family Protection Act claims, although any award may be reduced. Complete exclusion is upheld in some cases—but only where there is clear justification.

Caregiving and testamentary promises claims

Caregiving continues to be a significant driver of estate litigation in NZ, particularly where informal arrangements are involved. These situations often arise where:

• One family member provides ongoing care, support, or financial assistance
• There is an expectation—explicit or implied—of recognition in the will
• The estate does not reflect that contribution

This frequently leads to claims under the Testamentary Promises Act, but caregiving is also relevant when assessing moral duty under the Family Protection Act. These cases are often highly contested, as they depend on competing narratives about contribution, expectation and fairness.

Where expectations are not clearly addressed during lifetime, the risk of a claim is high.

Blended families

Blended family estate disputes are increasingly common and are often among the most complex claims. Typical issues include:

• Competing interests between a surviving partner and children from earlier relationships
• Unequal distribution of assets across different branches of the family
• Late-life restructuring of property ownership or financial arrangements

From a legal perspective, these cases often involve overlapping family protection claims and disputes about what constitutes “proper maintenance and support”.

Without clear planning, blended family structures create a high likelihood of litigation, particularly where expectations are not aligned.

When can a will be challenged in NZ?

Most estate claims in New Zealand arise from a relatively small number of practical triggers:

• Unexpected outcomes – a beneficiary receives significantly less than anticipated
• Lack of explanation – no clear reasoning for unequal treatment
• Perceived unfairness – even where the will is legally valid
• Unequal provision between children
• Late-life changes – particularly those favouring one party

In many cases, it is not the legal validity of the will that drives litigation—but the absence of context around the decisions made.

Reducing the risk of estate disputes

While not all disputes can be avoided, there are practical steps that significantly reduce the risk of estate litigation:

For Will makers, this means:

• Clearly document the reasoning behind unequal or sensitive decisions
• Address known family dynamics, including estrangement or caregiving roles
• Obtain legal advice where family circumstances are complex

For executors, this means:

• Expect greater scrutiny where risk factors are present
• Take early advice where a family protection claim appears likely
• Communicate carefully and consistently with beneficiaries

Early clarity is often the most effective way to avoid later disputes.

Conclusion

Estate disputes in 2026 are not being driven by new legal principles. They are being driven by familiar family dynamics.

Ill health, estrangement, caregiving contributions, and the realities of blended families continue to shape both the likelihood of a claim and the outcome when one is brought.

The pattern is clear: Most estate disputes can be anticipated and they arise where known risks are left unaddressed.

For Will makers, the focus should not simply be on whether a will is legally valid—but whether it is robust in the context of the family relationships that surround it.

If you require assistance with estate/life planning, trust management, or potential disputes, our experienced team is here to help.

A note for referrers

We welcome instructions by referrer firms to:

• Act as independent executors in estates where a neutral appointment will assist in managing competing interests and reducing the prospect of conflict;
• Provide independent advice to executors, particularly where they also have an interest as a beneficiary and require clear guidance on their duties and decision-making; and
• Assist with the resolution of estate claims, including acting in a focused role to progress matters toward negotiated outcomes; or
• Act as an independent mediator utilising our suite of offices.