Grounds To Contest a Will

In New Zealand, contesting a will can be based on several legal grounds. Here are eight common grounds, along with relevant case law:

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1. Lack of Testamentary Capacity: The testator (person who made the will) did not have the mental capacity to understand the implications of the will at the time it was made.

   • Case Law: In Banks v Goodfellow (1870) LR 5 QB 549, the court established the criteria for testamentary capacity, requiring the testator to understand the nature of the act, the extent of their property, and the claims to which they ought to give effect.

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2. Undue Influence: The testator was coerced or pressured into making the will or including certain provisions.

   • Case Law: In Carey v Norton [1998] 1 NZLR 661, the court examined allegations of undue influence, emphasizing the need for clear evidence that the testator's free will was overborne.

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3. Lack of Knowledge and Approval: The testator did not fully understand or approve the contents of the will.

   • Case Law: In Guardianship Trust v Hickman [2011] NZCA 608, the court considered whether the testator knew and approved the contents of the will, highlighting the importance of ensuring the testator's awareness of the will's provisions.

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4. Failure to Meet Legal Formalities: The will does not comply with the formal requirements set out in the Wills Act 2007, such as proper witnessing.​

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​Case Law: In Re Estate of Hickford [2011] NZHC 640, the High Court addressed issues related to the witnessing of a will, underscoring the necessity of adhering to statutory formalities.

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  5. Revocation: The will was revoked by the testator, but the revocation was not properly documented or      recognized.

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: In Re Estate of Campbell [2014] NZHC 2818, the court dealt with questions surrounding the revocation of a will, illustrating the complexities involved in determining a will's validity after alleged revocation​

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Further Grounds Are

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1. Fraud or Forgery: The will was created or altered fraudulently, or the testator's signature was forged.

   • Case Law: In Re Estate of Clapham [2014] NZHC 1854, the High Court examined claims of forgery, highlighting the evidentiary challenges in proving such allegations.

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2. Family Protection Claims: The will inadequately provides for the testator's close family members, who can claim for proper maintenance and support under the Family Protection Act 1955.

   • Case Law: In Williams v Aucutt [2000] 2 NZLR 479, the Court of Appeal clarified the principles guiding family protection claims, emphasizing the moral duty of the testator to make adequate provision for close family members.

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3. Property (Relationships) Act Claims: A surviving spouse or partner may claim a share of the relationship property, regardless of the will's provisions, under the Property (Relationships) Act 1976.

   • Case Law: In Fisher v Fisher [2010] NZCA 327, the Court of Appeal discussed the entitlements of a surviving spouse under the Property (Relationships) Act, illustrating the interplay between relationship property rights and testamentary dispositions.

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These grounds provide a basis for contesting a will in New Zealand. It's essential to consult with a legal professional to understand the specifics of any case and the applicability of these grounds.

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