FAQ | Succession
How do I apply for succession?
How do I know which succession application form to file?
How much is the application fee?
If my Dad has interests in different areas do I have to lodge an application in each area?
Do I need to know what land interests there are?
What is the difference between intestacy and testacy?
Can I apply for succession for just myself or do I have to put my brothers and sisters in?
How do I know if there is a will?
What if there is a will and we can’t find it. Or if the only copy we have is not certified?
What is a grant of administration?
What is probate?
What happens if I don’t agree with what the will says?
What if the will of our Mum leaves all Māori Freehold land interests to our Dad?
If all of the family agree, can the land interests go to different people?
What happens to any money held by the Māori Trustee or other land trustees for the deceased?
What is the status of a de facto partner?
What is a whāngai?
Can a whāngai be included in succession?
What if we still owe money for the funeral expenses?
How do I apply for succession?
You will need to complete an application for succession with the Māori Land Court. You will need to provide the following:
- Original death certificate or a certified copy
- Certified copy of the will, probate or grant of administration
- An application fee
- Whakapapa details for the deceased. This includes parents, brothers and sisters (including those that have passed away).
How do I know which succession application form to file?
There are different types of application forms for succession, depending on your circumstances. We advise you contact your local district office to establish which form is best for you.
Contact a Māori Land Court Office
How much is the application fee?
This may vary depending on the type of application form you lodge. $61.00 is a standard fee for a succession. There are no additional costs payable to the Māori Land Court.
If my Dad has interests in different areas do I have to lodge an application in each area?
No, once the application is received, Māori Land Court staff will search the Māori Land Information System (MLIS) database for all land held in the name of the deceased.
Do I need to know what land interests there are?
Yes, if possible. You can find out what land interests there are on MLOL (Māori Land Online). Staff will always complete a full search when they receive your application.
What is the difference between intestacy and testacy?
Intestacy is if there is no will. Testacy is if there is a will.
Can I apply for succession for just myself or do I have to put my brothers and sisters in?
You can only apply for succesion for yourself if there is a will. You cannot apply for succession for yourself if the estate is intestacy (when there is no will). Your brothers and sisters must be included on the application is the estate is intestacy.
How do I know if there is a will?
Talk to your whānau and check any papers of the deceased. The papers may have the name of the lawyer who can help you. You could also check with the Public Trustee or Māori Trustee.
What if there is a will but we can’t find it. Or if the only copy we have is not certified?
You should note on your application what steps you have to taken to find the will. The application will then be referred to the Court for any directions.
What is a grant of administration?
This is when the High Court appoints someone to administer the estate of a deceased person (an administrator). Also called Letters of Administration.
What is probate?
This is when the High Court confirms the appointment of an executor to administer the will of a deceased.
What happens if I don’t agree with what the will says?
You will need to make an application to the High Court or the Family Court for a hearing under the Family Protection Act 1955. The Māori Land Court will not make a succession order until the application under the Family Protection Act is completed.
What if the will of our Mum leaves all Māori Freehold land interests to our Dad?
If your Mum died before 1 July 1994 and her will was signed before 1 July 1993 the interests will transfer to your Dad. If she died after 1 July 1993 the interests will only transfer to him if he is a person associated with the hapū of the land. He is entitled to a life interest.
If all of the family agree can the land interests go to different people?
Yes, as long as they are the successors or descendants of the successors. This is called a family arrangement. You must provide witnessed consents from the successors setting out which land interest goes to which person.
What happens to any money held by the Māori Trustee or other land trustees for the deceased?
The Court can make an Order for payment of that money to the successors. The Māori Trustee or any Trustee will only pay out on an order of the Court, Probate or Letters of Administration.
What is the status of a de facto partner?
A de facto partner is entitled to a life interest by will only. The Māori Land Court can make an Order for special provision in relation to the income to the de facto partner for their lifetime or shorter period.
What is a whāngai?
A person adopted informally in terms of tikanga Māori and brought up as the adopting parent’s own child without formal adoption being concluded by any Court.
Can a whāngai be included in succession?
Te Ture Whenua Māori Act 1993 recognises whāngai and allows the Court to consider whāngai when determining successors of a deceased. The Māori Land Court must be satisfied that whāngai should be included and may require evidence from the whānau about this.
What if we still owe money for the funeral expenses?
The Māori Land Court can make an Order for payment directly to any company/person to settle any debts and also for any future income. The succession application will still proceed.
If your question is not in this list, please contact your Māori Land Court district office. For further information, a Succession booklet is available to download.
View the Information Booklet | Succession
View the Application Form | Succession
