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Preface

THE LAW COMMISSION has undertaken the succession project with the approval of the Minister of Justice.

The ultimate aim of the project is to have new succession legislation drafted in plain language which

• provides for succession laws in fewer statutes,
• simplifies the law,
• enables better effect to be given to the intentions of will-makers, and
• takes account of the diversity of New Zealand families.

The project has had these main aspects:

• The effect of homicide on rights of succession: In response to a request from the Minister in charge of the Public Trust Office, the Commission expedited its work on this topic and in a July 1997 report recommended that Parliament enact a Succession (Homicide) Act: Homicidal Heirs (NZLC R38, 1997).
• Testamentary claims or succession adjustment: In August 1996 the Commission released a major discussion paper on claims against dead people’s property: Testamentary Claims (NZLC PP24, 1996). The present law and the changes the Commission proposed to it were summarised in a tandem plain language paper, What Should Happen to Your Property When You Die? (NZLC MP1, 1996). Having received and considered carefully a large number of submissions the Commission finalised its recommendations in a report released in August 1997: A Succession (Adjustment) Act (NZLC R39, 1997).
• Succession as it applies to Mäori families: The Commission engaged Professor Pat Hohepa, Dr David Williams, and Mrs Waerete Norman as consultants on this aspect of the project: The Taking into Account of Te Ao Mäori in Relation to Reform of the Law of Succession: A Working Paper (NZLC MP6, 1996). The Commission is continuing to consult with Mäori on ways that Mäori decisions about succession to ancestral property can be given greater effect.
• Wills: The subject of this report. New Zealand’s existing law of wills derives mainly from the Wills Act 1837 (UK). This old Imperial Act has, however, been amended a number of times. This report recommends that the existing law be replaced by a single local Act in language that is more contemporary and plain.

Many people and organisations helped the Commission to complete the work in this report. In October 1996 we released a consultation paper, Wills Reforms (NZLC MP2, 1996). It was circulated widely among those professionally concerned with the preparation of wills and the administration of deceased estates. Six groups of interested legal practitioners in various parts of the country were invited to consider and comment on the proposals. We also acknowledge particularly the help of these people and organisations:

• AH Angelo, Professor of Law, Victoria University of Wellington/Te Whare Wänanga o te Upoko o te Ika a Maui
• GC Baker, Solicitor, Fielding
• N Cox, Solicitor, Auckland
• MFL Flannery, Solicitor, Lower Hutt
• WA Lee, former Commissioner of the Queensland Law Reform Commission
• PE Martyn, Solicitor, Wellington
• Ministry of Justice/Te Manatü Ture
• New Zealand Law Society
• Directorate of Legal Services, Ministry of Defence.

Nicola Peart, Senior Lecturer in Law at the University of Otago/Te Whare Wänanga o Otago, conducted a critical review of a draft of this report. The work on which the report is based was set in train by a former member of the Commission, Professor Richard Sutton, and a Commission researcher, Nigel Christie. Assistance in completing this report was received from a Commission researcher, Ross Carter.

The Commission acknowledges and expresses gratitude to each of these people and organisations. Those we consulted predominantly supported the sections of the draft Act we recommend as non-controversial improvements to the existing law. We emphasise, however, that this report expresses the Commission’s views, and not necessarily those of the people and organisations who have helped us.