Can a sibling challenge a will under the Family Protection Act 1955?

Question Details: My recently deceased older sister (divorced with no children) has left a will with no family beneficiaries; she was estranged from family members. I am a younger sibling. I have not seen the will, but have been informed by her lawyers that I am not a beneficiary. I believe friends, charities and schools will benefit. She changed her will six months before she died of cancer. Can I challenge her will under the Family Protection Act?

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Answers by Lawyers

Community Law Wellington & Hutt Valley

No, a sibling cannot challenge a will under the Family Protection Act.

The only people who may challenge a will under the Family Protection Act are: the deceased’s spouse, civil union partner or de facto partner; the deceased’s parents, children and grandchildren; and any of the deceased’s stepchildren who were (or were entitled to be) maintained by the deceased immediately before his or her death. See more information here:

However, if there is more to this situation, for example if you think that your sister did not fully understand what she was doing when she changed her will, we suggest that you contact a lawyer.

Answered 7 Oct 2013. The IMPORTANT NOTICE below is part of this answer.

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