Disputing a Will: Have you got a claim?

9 August 2023

The death of a loved one or someone you were close to is, without a doubt, an emotional time. Even if the death was expected, the sense of shock and grief is profound. Imagine then, the complexity of emotion when you discover your inheritance is not what you were expecting.


More people are applying to the High Court for probate disputes, Will disagreements, and contesting a Will. The number has been increasing steadily in recent years. There are several possible reasons for the increase. One reason is that higher property values make estates more valuable.


This leads to more claims being pursued. Another reason is the presence of complicated family structures. These structures often involve multiple marriages and blended families. affordable legal advice for challenging a Will and even an increase in people feeling entitled to inherit.


Whatever the reasons for the increase of Will disputes, these may include; if you’ve been left out of a Will, not inherited as much as you thought, or think the Will is incorrect, or if you simply want a fair remedy, you should seek legal advice. Weston Ward and Lascelles' Will dispute lawyers in Christchurch have expertise in assisting clients who are scared of challenging a Will. They are skilled at guiding clients through the process.



On what grounds can you challenge a Will?

There are various claims that can be made on an estate. It's important to hire a Will disputes lawyer to determine the best legal action for your specific situation.



Here are 7 of the most common scenarios where Wills are challenged:


1.  The Will was drafted badly and incorrectly either by a professional or through a DIY Will kit.


2.If a close family member who financially supported the client dies and their Will does not provide enough for the client.


The person who died made a promise to leave something to the client because the client helped them. However, this promise was not written in a Will.


4.    If the deceased did not have the mental capacity at the time the Will was made.

5.    If the deceased experienced undue influence or coercive control to change their Will.

6.    If people other than the Executor have removed or tampered with the estate’s assets.

7.    The Executors are acting inappropriately.


Key Legal Considerations

How to Contest a Will

If you want to contest a Will, it is important to seek legal advice promptly. This is because there are specific time limits for certain claims.


This is particularly relevant if you are a spouse or de facto partner. To make a claim for Relationship Property, you must do so within 6 months from the Grant of Probate. This timeframe is distinct from the Family Protection Act 1955, which allows a 12-month period for making a claim. However, if the claim is on behalf of a mentally handicapped person, the time frame extends to 2 years.


To make a claim for Relationship Property, you must do so within 6 months from the Grant of Probate. This timeframe is distinct from the Family Protection Act 1955, which allows a 12-month period for making a claim. However, if the claim is on behalf of a mentally handicapped person, the timeframe extends to 2 years.


Will disputes can damage relationships between the deceased's family and friends. However, these disputes can be resolved through mediation rather than going to court.


Weston Ward and Lascelles Christchurch lawyers are here to support you through the process. We'll look at the proof, discuss your choices, and give you a truthful evaluation of your expected success. We’re sensitive to your vulnerability following your loss and work diligently to protect our clients’ well-being and financial position.


To schedule a private call with our Christchurch lawyers, dial 03 379 1740 or email by clicking here. 



Remember to create or update your Will to ensure you follow your wishes and reduce the chance of anyone contesting it.


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