It’s free to make an application to challenge a will. There are 2 ways you can do this.
An application under the Family Protection Act 1955 can be made by:
An application must be made within 12 months (or 2 years in the case of an administrator applying on behalf of a minor or a mentally handicapped person) of the grant of New Zealand probate.
An application under the Law Reform (Testamentary Promises) Act must be made within 12 months of the grant of administration.
You can ask for more time to make your application but you must do this before the final distribution of the estate. (This refers to when the executors follow the intentions of the person who died as expressed in the will.) There's no guarantee more time will be given.
The interlocutory application for directions as to serve, and if required orders for representation, must be accompanied by information in support, either in affidavit form or by some other means.
You may want to get legal advice to help you. You may be eligible to apply for legal aid.
Whichever Act you apply under, you’ll need to include these 3 forms:
Applications must be filed in the court nearest to where the applicant, or one of the applicants, lives.
When you file your documents at court, you should include 1 copy for the court and 1 copy for each person who needs to be served. The court will then complete the documents for service and prepare a notice that must also be served on each person who needs to be served. These documents will be given back to you so you can have them served.
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