Losing a loved one is challenging, and disputes over their estate can make the grieving process even harder. Conflicts often arise among family members—siblings, step-parents, grandchildren—and even non-family members, particularly when one person feels they’ve been unfairly left out or when there are disagreements about how assets should be distributed. Disputes can occur even if there’s a valid will in place. In such cases, contesting an estate might be an option.

Here are some common grounds for contesting an estate:

1. Property (Relationships) Act 1976 Claim

A surviving spouse or de facto partner may contest an estate under the Property (Relationships) Act. If the claimant was in a relationship with the deceased for at least three years, they are generally entitled to an equal share of all relationship property. However, there are exceptions to this rule, and specific cases may warrant a different distribution of assets.

On the death of a spouse or partner, the surviving partner may either accept the provisions of the will or make a claim under the Act. Importantly, there’s a time limit to make this election, so seeking legal advice promptly is essential.

2. Family Protection Act 1955 Claim

This Act provides a basis for a claim if a family member feels they weren’t adequately provided for in the deceased’s will. A court may order further provision if the deceased’s estate does not adequately support or maintain the applicant, which could include financial support or recognition of the family relationship.

Family members eligible to make claims under this Act include spouses or partners, children, grandchildren, and even stepchildren or parents in some cases. Like relationship property claims, a Family Protection Act claim must be made within 12 months of receiving probate or letters of administration.

3. Testamentary Promises Act 1949 Claim

Under the Law Reform (Testamentary Promises) Act, a person can contest an estate if the deceased promised to reward them for services rendered during their lifetime, but failed to make provision for them in their will. This claim can be made by anyone—not just family members—and covers services that go beyond what might be expected in a family relationship.

Examples of services that might qualify include caregiving, financial support, property management, or companionship. The claimant must prove the deceased promised to reward them, that the services were linked to the promise, and that the will did not reflect the promised reward.

4. Will Validity and Executor Challenges

Questions about the validity of a will can arise due to issues like testamentary capacity, improper witnessing, or inconsistencies between drafts and final documents. Additionally, disputes may occur regarding how an executor or administrator handles the estate, which could be grounds for legal action if they are not fulfilling their duties correctly.

Early Legal Advice Is Crucial

If you’re considering contesting an estate, it’s important to seek early legal advice to understand the time limits and legal processes involved. Many of these claims have strict deadlines, and the sooner you act, the better your chances of preserving your rights and settling disputes without needing to go to court.

At Core Legal Wellington, we specialize in estate disputes and can guide you through the complexities of contesting a will or estate. Contact us today to discuss your case and explore your legal options.