Succession law, which governs who your property might pass to upon your death, is likely up for some big changes.
That’s because the Law Commission has recently reviewed this area, and drafted a series of recommendations they plan to present to the Government. And those recommendations often end up in law.
The current law is spread amongst a number of sources and statutes, including:
… and even more. The Commission proposes bringing some or all of these together under a new statute, which ought to simplify how things operate.
And as you might tell from some of the dates on those statutes, the existing law has been around for some time. Family arrangements have changed since then, and continue to evolve. Public perceptions of property and what’s fair have changed. So the Commission has proposed a number of other changes with this in mind.
There may also be a separate regime created for Māori succession, recognising different principles under tikanga Māori.
The process is at an Issues Paper stage, which the Law Commission is seeking submissions on up until 10 June. The plan is to present final recommendations to the Government by the end of the year.