A Pre-Nup but No Will: Lessons from Rimmer v Wilton

The Supreme Court has just released the decision of Rimmer v Wilton [2026] NZSC 122, providing guidance on the interplay between contracting out agreements and death, where a partner dies without a Will.

This case highlights the importance of making sure your Contracting Out Agreement and your will work together.

A Contracting Out Agreement can deal with what happens if you separate, but it can also affect what happens if one partner dies. If the agreement and your will do not align, the result may not be what you intended.

In Rimmer v Wilton, the family spent years in court trying to work out what the agreement meant and how it affected the deceased partner's estate. Much of that dispute may have been avoided with clearer planning and up-to-date documents.

What happened?

David Rimmer and Carolyn Wilton were in a de facto relationship. David also had two children from an earlier relationship.

David and Carolyn had a Contracting Out Agreement, often called a pre-nup, which set out what property was separate and what was relationship property.

When David died without a Will, Carolyn chose to receive what she was entitled to under the law for people who die without a Will.

The dispute was about whether Carolyn could receive those entitlements as well as the benefits given to her under the Contracting Out Agreement.

What did the Supreme Court decide?

The Supreme Court decided that a Contracting Out Agreement can affect what happens when one partner dies, even if the surviving partner does not make a relationship property claim.

In this case, the Court found that Carolyn had agreed not to claim certain entitlements from David’s estate. That meant she could not rely on both the Agreement and the default rules that apply when someone dies without a Will.

Could this affect you?

It may be time for a review if:

• you have a contracting out agreement but no will;

• your agreement is out of date;

• you have children from an earlier relationship;

• your assets have changed; or

• you want certainty before entering, or continuing, a relationship.

These agreements should not be signed and forgotten. As life changes, they need to be checked to make sure they still do what you need them to do.

How we help

We can help you get clear about what your agreement says, what it means, and whether it still protects you. We can:

• prepare or review a contracting out agreement;

• make sure your agreement and will work together;

• spot risks early; and

• put practical protections in place for you and your family.

A review now can help avoid uncertainty, family conflict and expensive disputes later.

Disclaimer

The above information is of a general nature only.  The information in this article does in no way constitute legal advice and all readers should contact a law firm for advice relating to their specific circumstances.