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Te Aka Matua o te Ture | Law Commission has published its final report in its Review of Succession Law project: He arotake i te āheinga ki ngā rawa a te tangata ka mate ana | Review of succession law: rights to a person’s property on death

You can download the report from the project page on the Commission’s website.

The Commission has concluded the law governing entitlements to and claims against a deceased person’s estate needs reform. The Commission has recommended changes to the law to better reflect the diversity of family relationships in Aotearoa New Zealand and contemporary understandings of te Tiriti o Waitangi | Treaty of Waitangi.

The Report makes 140 recommendations for reform that cover a wide range of topics. Key recommendations include:

• Introducing a new Inheritance (Claims Against Estates) Act to be the principal source of law regarding entitlements to and claims against estates.
• Continuing surviving partners’ rights to a division of relationship property when their partner dies but revising the rules so that instead of forfeiting the gifts under the will, the value of these gifts are taken into account (a “top-up” approach).
• Revising the rules for how estates should be distributed when a person dies without a valid will (intestacy rules).
• Clarifying the legal test for when certain family members can claim further property from an estate despite what the will or the intestacy rules say.
• Providing an improved testamentary promise cause of action.
• Giving the courts greater powers to access property outside an estate to meet awards made against an estate.
• Providing that tikanga Māori should determine succession to taonga and the role of state law should be limited to facilitating the resolution of disputes in accordance with tikanga Māori.
• Giving a court greater powers to access property outside an estate to meet awards made against an estate.
• Supporting efficient and effective dispute resolution both in and out of court. This includes measures to encourage the disclosure of relevant information, to clarify the role of personal representatives and to enable claims to be heard in one forum.

The Commission received over 200 submissions on its Issues Paper. The submissions together with other consultation provided the Commission with valuable information and perspectives. The Commission thanks everyone who engaged with the project.

E mihi ana
The Law Commission