A Pre-nup But No Will: Crucial Lessons from Rimmer v Wilton

29 September 2026

Many New Zealand couples assume that once they have signed a Contracting Out Agreement (often referred to as a pre-nuptial agreement or "pre-nup"), their financial affairs are fully settled. They believe their separate assets are protected, their partner is provided for, and their children’s inheritance is secure.


However, a landmark decision from the Supreme Court of New Zealand—Rimmer v Wilton [2026] NZSC 122—serves as a stark reminder that a Contracting Out Agreement is only half of the legal equation.


If you have a Contracting Out Agreement but pass away without an up-to-date Will, your estate could be thrust into years of expensive, emotionally draining litigation. Here is what you need to know about the Supreme Court’s ruling, why it affects blended families and property owners across New Zealand, and how to ensure your legal documents work together seamlessly.


Why the Supreme Court Decision in Rimmer v Wilton Matters to You

When managing relationship property and estate planning, people often view relationship property law and succession (inheritance) law as two entirely separate legal channels. Rimmer v Wilton proves just how dangerously interwoven these two areas of law really are.


The central takeaway from the judgment is simple: a Contracting Out Agreement directly influences what happens when a partner dies, but it does not replace the necessity of a valid Will. If your agreement and your Will are uncoordinated—or if you have no Will at all—the default legal rules governing death can clash with the terms of your agreement, creating severe uncertainty for your surviving partner and children.


What Happened in Rimmer v Wilton?

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The Background Story

David Rimmer and Carolyn Wilton were in a long-term de facto relationship. David had two adult children from a previous relationship. To protect their respective assets and define their financial arrangements, David and Carolyn signed a formal Contracting Out Agreement under Section 21 of the Property (Relationships) Act 1976. This document clearly identified which assets were relationship property and which remained David’s separate property.

Tragically, David passed away without leaving a valid Will (dying intestate).


The Legal Clash: Contracting Out Agreements vs Intestacy Rules

Because David died without a Will, the default statutory rules under the Administration Act 1969 came into play. Under New Zealand intestacy laws, a surviving spouse or de facto partner is automatically entitled to receive:


  • All of the deceased’s personal chattels.


  • A prescribed statutory cash capital sum.


  • A specified share of the residue of the estate, with the remainder going to the deceased's children.


This created an immediate conflict. Carolyn sought to claim her statutory entitlements under the laws of intestacy in addition to retaining the assets and rights secured for her under the Contracting Out Agreement. David’s children contested this, arguing that the terms of the pre-nuptial agreement restricted what Carolyn could claim from David’s estate.


What Did the Supreme Court Decide?

The Supreme Court was tasked with resolving whether a surviving partner can receive entitlements under a Contracting Out Agreement while simultaneously claiming statutory benefits under intestacy rules (or under a Will).

The Court established several critical principles:


  • Dual Entitlements Are Possible: As a general baseline, a surviving partner can retain their contractual entitlements under a Contracting Out Agreement while also claiming benefits under a Will or under default intestacy rules.


  • The Agreement’s Specific Language Governs: However, if the Contracting Out Agreement contains terms where a partner explicitly waives, limits, or gives up rights to claim against the other’s estate, those terms will be legally enforced.


  • Waiver of Rights Enforced: In Rimmer v Wilton, the Supreme Court ultimately held that Carolyn had agreed within the Contracting Out Agreement not to make certain claims against David’s estate. Consequently, she was barred from combining both sets of full entitlements.


While the Court reached a final legal conclusion, getting to that answer required years of stressful, highly costly court proceedings that consumed a significant portion of the estate's value.


The Danger of Relying on a Pre-nup Without an Up-to-Date Will

The Rimmer v Wilton case highlights several major traps that everyday New Zealanders fall into when structuring their affairs:


1. Blended Families and Children from Previous Relationships

Blended families are particularly vulnerable. If you have children from a prior relationship, you likely intend for your separate property (such as a family home, business equity, or pre-existing investments) to pass to your children. However, if you die without a Will, your surviving de facto partner may still be legally entitled to a substantial portion of your estate under intestacy rules, regardless of what your pre-nup says.


2. Intestacy Default Rules May Overrule Your Intended Wishes

When you die without a Will, the government's default statutory formula determines who gets your assets. This formula is completely rigid. It does not take into account verbal promises, family dynamics, or subtle intentions expressed in an old Contracting Out Agreement.


3. Costly Court Battles for Your Grieving Loved Ones

Disputes between a surviving step-parent and adult step-children are among the most bitter legal conflicts in New Zealand law. Unclear documentation forces grieving family members to hire litigation lawyers, attend court mediations, and undergo lengthy trials—depleting the very assets you intended to pass on.


4. Changing Assets and Evolving Relationship Dynamics

Life moves fast. Over time, couples buy new property, sell businesses, receive inheritances, set up family trusts, or welcome grandchildren. A Contracting Out Agreement signed ten years ago may no longer reflect your current asset structure or your true wishes today.


Does Your Estate Plan Pass the Rimmer v Wilton Test?


Take a moment to evaluate your current legal setup. It is time for an urgent legal review if:


  • [ ] You have signed a Contracting Out Agreement but have never drafted a Will.


  • [ ] You signed your Will before executing your Contracting Out Agreement.


  • [ ] You have children from an earlier relationship and want to guarantee their inheritance.


  • [ ] Your agreement does not explicitly state what should happen upon death versus what happens upon separation.



  • [ ] You have acquired major assets, restructured a business, or received an inheritance since your last document review.


How to Ensure Your Will and Contracting Out Agreement Work Together

To prevent your family from facing the uncertainty seen in Rimmer v Wilton, your legal documents must be carefully harmonised. Here is how our Christchurch legal team resolves these conflicts:


Step 1: Conduct a Joint Review of Both Documents

A Will and a Contracting Out Agreement cannot be treated as separate silos. Our team reviews both documents side-by-side to ensure their terms align perfectly and leave zero room for conflicting interpretations.


Step 2: Include Explicit Terms Regarding Death vs Separation

Many standard pre-nuptial agreements focus heavily on what happens if a couple breaks up (separation), but remain vague about what happens if one partner dies while they are still happily together. A properly drafted agreement must explicitly address both scenarios and define whether estate claims are waived.


Step 3: Update Beneficiary Designations and Ownership Titles

We ensure that real estate titles (e.g., Tenants in Common vs Joint Tenants), family trust deeds, life insurance policies, and KiwiSaver beneficiary nominations match the directions set out in your Will and agreement.


Step 4: Keep Your Estate Plan Current as Life Changes

We recommend reviewing your Will and Contracting Out Agreement every three to five years, or immediately following major life events such as marriage, birth of children, buying real estate, or receiving a significant inheritance.


Frequently Asked Questions About Pre-nups and Wills in NZ


Does a Contracting Out Agreement Replace the Need for a Will?

No. A Contracting Out Agreement defines what property is relationship property versus separate property, but it does not direct how your separate property should be distributed after you die. Only a legally valid Will can dictate who receives your assets.


What Happens if I Die Without a Will in New Zealand?

If you die without a Will, you die "intestate". Your estate will be distributed according to the strict statutory rules of the Administration Act 1969, which may result in your partner or children receiving a different share than you intended.


Can a Surviving Partner Claim Under Both a Will and a Pre-nup?

Yes, unless the Contracting Out Agreement specifically restricts or waives the surviving partner's right to claim against the estate. The Supreme Court's ruling in Rimmer v Wilton confirmed that explicit waiver clauses in an agreement will be enforced by the courts.


Protect Your Estate with Weston Ward & Lascelles

Don't leave your family's future to chance or costly court battles. The decision in Rimmer v Wilton is a clear reminder that proactive legal planning today prevents devastating disputes tomorrow.


At Weston Ward & Lascelles, our Christchurch property, trust, and estate lawyers have been helping Canterbury families navigate complex legal milestones since 1883. We provide straightforward, practical legal advice to ensure your Will and Contracting Out Agreement work in total harmony.


Contact our Christchurch legal team today to review your Will and agreement:



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