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?

Filed under Wills/Estates | 1611 View(s)

Are you a lawyer? Login or register to answer this question.

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: www.communitylaw.org.nz

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.

IMPORTANT NOTICE: The answer provided above is intended for general informational purposes only and cannot be considered a substitute for face-to-face legal advice. It should not be relied upon as the sole basis for taking action in relation to a legal issue. Laws change frequently, and small variations in the facts, or a fact not provided in the question, can often change a legal outcome or a lawyer’s conclusion. No liability whatsoever is accepted by the authors or publishers of the answer, for loss, damage or inconvenience arising in any way from the use of this site. While each answer has been published by a lawyer with a practising certificate, that person may not necessarily have experience in the particular area of law involved.

For more information about this website, please review our Terms of Use.