If you die without a will then there are intestacy rules that automatically apply to the distribution of your property. These rules are outlined in s77 of the Administration Act, which you can view here.
If you would like further advice about wills, please make an appointment with Scott Donaldson or Malcolm McKenzie.
Sometimes a will may be successfully challenged in court on the following grounds:
- That it is invalid (has been signed or witnessed incorrectly).
- If you had a moral duty to provide for somebody but failed to. This is a claim under the Family Protection Act.
- If your spouse/partner of at least three years (less if you have had a child together) decides to claim half of the relationship property instead of accepting what was left for them in the will.
- If you had promised to leave something to somebody on your death for services that they had performed but never updated your will. This is called a testamentary promise.
If you would like further advice about wills, please make an appointment with Malcolm McKenzie or Scott Donaldson.