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Estate Challenges - Webinar Package

NZ $179.00
Kimberley Lawrence David Tyree
Kimberly Lawrence
Greg Kelly Law
David Tyree
Rainey Collins

Webinar Package includes:

Archive Presentation  l  Booklet  l  PowerPoint Presentation

Webinar Package Fee (incl GST)

  • $149 - NZLS members and Associate members
  • $179 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

Webinar Archive Presentation

Presentation time: 90 minutes

Despite a will-maker’s best intentions, estate litigation is increasingly common. Practitioners need to be aware of appropriate options for each client’s circumstances, including when to challenge the validity of the will itself and when to challenge the provisions contained in a will, and they need to be aware of common mistakes made in estate litigation.

This webinar will take you through what to look out for and what options may be available for challenging a will.

Topics covered will include:

  • When to challenge a will on the basis that a will-maker lacked testamentary capacity or was subject to undue influence
  • When and how to make claims under the Family Protection Act 1955
  • When and how to make claims under the Law Reform (Testamentary Promises) Act 1949
  • Common pitfalls in estate litigation and how to avoid them.

Please contact us if you use a dial up internet connection.


Authors: Kimberly Lawrence, David Tyree
Published: 18 March 2019
Pages: 28


There are a number of different ways to challenge a will. Some challenges (pre-probate challenges) aim to have a will entirely set aside on the basis that it was not valid, for any one of a number of reasons. Pre-probate challenges will often be brought on the basis that the will-maker either lacked testamentary capacity when signing their will, or that their will was the product of undue influence, as opposed to a true and free expression of what the will-maker wanted. Pre-probate challenges are brought before probate of the will is granted and, if successful, the estate will pass in accordance with the most recent valid will or the intestacy rules. This paper will consider what might alert a lawyer to the possibility of bringing a pre-probate will challenge, the process for bringing a pre-probate challenge, and what will be relevant when trying to show a lack of testamentary capacity or the presence of undue influence.

Other will challenges (post-probate challenges) seek to change the provisions in a particular will. The validity of the will itself is not in issue, but the content is. Post-probate challenges are brought after probate of a will has been granted and they seek further provision for a particular person or people. This paper will specifically consider two of the most common types of claims: those brought under the FPA 1955; and the Law Reform (Testamentary Promises) Act 1949. It will discuss who can make these claims, what a claimant needs to make out, and common pitfalls involved in bringing a post-probate will challenge.

PowerPoint Presentation

These are the slides included in the webinar presentation.

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