This report argues that succession law, the law about who inherits a person’s property when they die, 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 Commission has concluded that the Crown’s kāwanatanga responsibilities under te Tiriti require weaving new succession law that reflects tikanga Māori and other values shared by New Zealanders.

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 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. Property should be recoverable where it has been disposed of with intent to defeat an entitlement or claim under the new Act, or where the deceased owned the property as a joint tenant with others.
• 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.