The review includes (but is not limited to) consideration of the following: The Legal Commission will examine inheritance law. Inheritance law is the system of rules that governs who receives a person`s property upon death. The Commission has recommended numerous amendments affecting inheritance law with regard to relations between couples. Currently, the PRA provides the surviving partner with the option to choose to divide relational property under the PRA, either according to the deceased`s will (option B in Part 8) or to elect to divide the relational property under the PRA. It is proposed to delete it and exclude it from the new Succession Act. Instead, a surviving partner keeps all the gifts given to them under the deceased`s will, and then they can choose to share the assets of the relationship. If the deceased and the surviving partner had separated before the death, the surviving ex-partner should apply for the division of the relational assets before the expiry of a period of 2 years from the date of separation. It is interesting to note that the report comments on the application of inheritance law with regard to relationships with multiple partners (i.e. relationships involving more than two persons). The Commission does not propose any legislative changes in this regard and states that « . Such changes need to be considered in a broader context of how family law should recognize and provide for adult relationships that do not correspond to the form of an intimate relationship between two people.
Te aka Matua o te Ture | The Legal Committee invited the public to share its views during its review of inheritance law on the issues addressed in its background paper and consultation website published in April 2021. Perhaps the most important amendment recommended by the Commission is to repeal Part 8 of the Property (Relationships) Act 1976, the Family Protection Act 1955 (FPA) and the Law Reform (Testamentary Promises) Act 1949 (TPA) and replace them with a new law, the Inheritance (Inheritance Claims) Act. The new Succession Act is intended to be clear and accessible, including reflecting the New Zealand Bill of Rights and the Crown`s obligations under Tiriti O Waitangi. The law on intestate succession must change, but remains unchanged in accordance with the administrative law. Importantly for tangata whenua, the report states that Taonga`s estate should not be defined by state law, but as part of a tikanga-maori construction. The review examines our society today in relation to the time our inheritance laws were written. Modern New Zealand is much more ethnically diverse. Family structures are also very different, with children less likely to be born to married parents, more people leaving and forming new relationships, and stepfamilies are more common. Life expectancy has also increased. The Law Commission published its review of New Zealand`s Estates Act earlier this year in April 2021 (the review) and asked the public to submit submissions by June 2021. This article provides a brief overview of some of the key aspects of the review. The Law Commission (the Commission) completed its review of inheritance law in New Zealand and submitted its report (the Report) to the Government on 15 December 2021.
The report contains 140 recommended changes to our current inheritance laws. The Commission`s understanding that much of our current inheritance law is archaic and does not support contemporary family rules and values underpins the 140 recommendations presented. On July 18, 2022, the government released its response to the report (discussed below) and finally agreed that changes were needed. The government said it needed to take the time to work on the policy details of implementing many of the full recommendations of the Legal Commission on Relations and Succession Law. The Ministry of Justice will consider the recommendations of the Legal Affairs Commission and any additional policy work needed to reform and modernize the law in these areas. It anticipates that the ministry`s work to implement these reforms will take several years and will have to be balanced against other government priorities. The argument for change in this area of law rests largely on the evolution of our society. Our legal system needs fluidity to adapt to changing social norms and values. New Zealand has undergone significant social change since much of the legislation that makes up our inheritance law was drafted (for example, the Family Protection Act dates back to 1955 and some of the principles of common law and justice were imported from the old English law, which dates back to the late 1800s). In particular, the way New Zealanders form relationships today, or the way we define « family, » has changed considerably. In addition, the review focuses on updating the legislation to reflect the Crown`s obligations under Te Tiriti o Waitangi through the recognition of succession to Te ao Māori. The above summary of the report is only a brief overview of some of the Commission`s recommendations.
A major reform of all aspects of inheritance law is proposed. For more information or if you need legal assistance in estate matters, please contact a member of our Private Client & Trust team and we will be happy to assist you. In 2021, the Law Commission published a briefing paper reviewing New Zealand`s current inheritance laws and seeking public recommendations on which aspects of inheritance law need to be reformed to keep pace with social change. November 17, 2021 | Te Aka Matua o te Ture The Legal Affairs Committee has completed its examination of inheritance law and submitted its report to the Minister responsible for the Commission. The report was tabled in Parliament on December 15, 2021. The review requires a review of various statutes, including: The Law Commission recommended a thorough review of this legislation, most of which is more than 50 years old. It also notes that none of the existing laws recognize the Maori approach to succession. There is no certainty as to what will happen to our current inheritance law, but the Law Commission`s report will help integrate New Zealand inheritance law into a more contemporary environment.
If you would like to discuss aspects of your succession planning, please do not hesitate to contact us at enquiries@bchlaw.co.nz. The Legal Commission will not examine the Maori land succession regime under the Maori Act 1993 of Te Ture Whenua, but will consider issues relating to succession in general which may be of particular importance to Maori. The Law Committee may comment on certain aspects of the Maori Te Ture When Act 1993. The report believes that any restrictions on the property rights enjoyed by individuals throughout their lives must be supported by clear political reasons. In addition, for reasons of clarity and accessibility, it is proposed to merge New Zealand`s inheritance law (found in the areas of legislation, common law and equity) into a single law governing claims against inheritance (the new Act). The Commission concluded that the law of succession, i.e. the right to know who inherits a person`s property on the death of that person, needs to be reformed.