My mother passed away and left almost everything to my sibling, giving me only a token amount. I helped care for her for years and feel this is unfair. Can I challenge the will, and on what basis? I am not sure where to start or who I should be contacting about this.
Yes, several New Zealand laws allow challenges. Under the Family Protection Act 1955, a will-maker has a moral duty to make adequate provision for the proper maintenance and support of certain people, including children, and a court can award further provision if the will fails to do so, regardless of the will-maker's reasons. The Law Reform (Testamentary Promises) Act 1949 may also help if you were promised something for services you provided, such as caregiving, and did not receive it. Claims under the Family Protection Act generally must be brought within twelve months of probate being granted, so act quickly and take legal advice. The court weighs the size of the estate, the needs of all beneficiaries and the nature of the relationship, so evidence of your contribution and the family history will matter.
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