A recent New Zealand High Court decision highlights how disputes can arise when changes are made to a will based on incorrect assumptions or incomplete information.
In Lowe v Ngan [2026] NZHC 519, the Court considered a dispute between siblings over a substantial estate. The deceased had removed one brother from his will following concerns that he had been mismanaging property income. After the deceased’s death, that brother challenged the outcome.
While the Court ultimately upheld the validity of the will itself, it found that the excluded brother had a valid legal claim to part of the estate based on promises made to him during the deceased’s lifetime.
What happened in the case?
The deceased had built up a significant property portfolio and had, over many years, relied on one of his brothers to manage those properties.
There was evidence of a long-standing arrangement under which the brother would:
- manage the properties; and
- receive a share of the income and ultimately a share of the estate in return.
However, following concerns raised by another sibling about alleged financial misconduct, the deceased removed that brother from his will.
After the deceased’s death, the excluded brother challenged the position. The Court found:
- the allegations of wrongdoing were incorrect; but
- they were honestly believed, meaning the will was not invalid for undue influence or fraudulent calumny; and
- importantly, the brother had established a valid claim under the Law Reform (Testamentary Promises) Act 1949.
As a result, the Court awarded him a share of the estate, despite him being excluded from the will.
Can a will be challenged in New Zealand?
This case is a good reminder that a will is not always the final word.
In New Zealand, there are several legal avenues for challenging or altering the effect of a will, including:
- claims under the Family Protection Act 1955;
- claims under the Law Reform (Testamentary Promises) Act 1949;
- claims under the Relationship Property Act 1976: and
- challenges based on undue influence or lack of knowledge and approval
Each of these claims operates differently, but they all recognise that a will may not always fully reflect what is legally fair or what was promised during the deceased’s lifetime.
What is a testamentary promises claim?
The successful claim in this case was made under the Testamentary Promises Act.
This allows a person to claim against an estate where:
- the deceased promised to reward them in their will; and
- they provided services to the deceased in reliance on that promise.
In Lowe v Ngan, the Court found that the brother had provided years of property management and support, and that there had been a clear expectation he would receive a share of the estate in return.
Even though he was later removed from the will, the Court held that it was appropriate to recognise that contribution.
Practical lessons when making or updating a will
This case reinforces several important practical points:
- Decisions should be based on accurate and complete information;
- Long-standing arrangements and expectations should be properly documented; and
- Significant changes to a will should be made carefully, and with legal advice.
Where family members are involved in financial arrangements or care over a long period, those contributions can give rise to legal rights, even if they are not ultimately reflected in the will.
Avoiding disputes
While not all disputes can be avoided, there are steps that can significantly reduce the risk:
- regularly reviewing and updating your will;
- clearly recording your intentions and reasons for decisions;
- obtaining independent legal advice, particularly where family tensions exist; and
- addressing potential misunderstandings early.
These steps can help ensure your wishes are properly reflected and reduce the likelihood of costly disputes after death.
How we can help
At Godfreys Law, we assist clients with preparing and updating wills to ensure their wishes are clearly recorded and legally effective.
We also advise on estate disputes, including claims under the Family Protection Act and the Testamentary Promises Act, and situations where a will may not reflect what was intended.
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