Yes, disinheriting a child is legally permissible in New Zealand, but it is strictly constrained by the Family Protection Act 1955 and the Property (Relationships) Act 1976.
Under New Zealand law, parents may exclude a child from their will, yet the Family Protection Act empowers the Family Court to intervene if the child can demonstrate “reasonable financial provision” was denied. Section 3 of the Act permits eligible claimants—including children—to contest a will if they believe their exclusion is unjust. The court assesses factors such as the child’s financial need, the size of the estate, and the parent’s moral obligations. Recent 2026 amendments to the Act introduce stricter evidentiary thresholds for claims, requiring claimants to demonstrate “significant hardship” rather than mere inadequacy. The Property (Relationships) Act further complicates disinheritance by allowing surviving spouses or de facto partners to claim a share of the estate, potentially reducing the pool available to excluded children.
Key Regulations for Disinheriting a Child in New Zealand
- Family Protection Act 1955 (as amended 2026): Enables children to challenge wills if they allege inadequate provision, with courts now requiring evidence of “significant hardship” to succeed. Claims must be filed within 12 months of probate.
- Property (Relationships) Act 1976: Surviving spouses or partners may claim a statutory share of the estate (up to 50% of relationship property), limiting a parent’s ability to fully disinherit a child through asset structuring.
- Court Discretion: The Family Court retains broad discretion to redistribute assets, considering factors like the child’s age, health, and contributions to the parent’s welfare. Testamentary freedom is not absolute.
Failure to adhere to these provisions risks successful claims against the estate, even where a will explicitly excludes a child. Legal advice is essential to mitigate exposure to Family Court proceedings.