One of the reasons to have a will is so that you can choose who will receive your assets after your death. When you have Māori Land, there are a number of rules that affect your choices. Read this Q&A article on Understanding Māori Land Wills.

— Who can receive my Māori Land Interests under my Will?

Unlike other assets such as bank accounts or general land, under Te Ture Whenua Māori Act, there are restrictions on who can receive your Māori land interests under your will. Generally, you can only leave Māori land interests to your children or blood relatives who are members of the hapū associated with that land, other existing owners of that land, or the trustees of a trust (for example, an ahu whenua or whanau trust) that represents one or more of those people.

If your will does not specifically deal with your Māori land interests, they will fall into the residue of your Estate to be distributed alongside any other assets you own. If your will leaves that residue to someone who is not eligible to receive your Māori Land Interests, then you are deemed to have not provided for those interests and the Māori Land Court will deal with them as though you had no will at all!

— What about Whāngai children?

Whāngai children can succeed to your Māori land interests, provided your will explicitly indicates this intention. Merely stating in your will that Māori land interests are to be given to “my children” is not sufficient, and you need to make it clear that you intend for Whāngai children to be included alongside any natural children you have.

Where this is not clear, the Māori Land Court can determine whether it is appropriate for a Whāngai child to receive those interests. The Court will take into account the tikanga of the hapū associated with the land, as well as factors such as your relationship with the Whāngai child, when they came into your care, whether there is any blood relationship, and the views of other whanau members.

— What about my partner?

Because of the limited list of people entitled to receive Māori land under a Will, you cannot give your Māori land interests to your spouse or partner, unless they are otherwise entitled to succeed to those interests (for example, they are already an owner of the land). There are however other options to provide for them under your will.

The first is granting your partner a Life Interest. This allows them to receive income such as dividends from the land for their lifetime, with the land ultimately going to your children. Another option is to grant your partner a right to occupy the land if your family home is on that land. However, if you occupy your home subject to an occupation order of the Court, the terms of the order may affect whether you can pass on the right of occupation in your will.

In both cases, this right lasts until your partner passes away. Alternatively, you can specify that these rights come to an end if they enter a new relationship.

— What if I don’t have a will?

If you don’t have a Will, Te Ture Whenua Māori Act dictates that your Māori Land interests will be succeeded to as follows:

  • If you have a spouse or partner, they receive a life interest in the income from your Māori Land and a right to occupy the family home if it is on that land, until they die or enter into a new relationship;
  • If you have children, they (or their descendants, if they have passed away) will receive all of your Māori land interests equally.
  • If you have no children but you have siblings, then they (or their descendants, if they have passed away) will receive all of your Māori land interests equally;
  • If you have no children or siblings, the Court will work backwards through your whakapapa to determine where you received your Māori Land interests from, and locate the closest relatives within your whakapapa with living descendants, who will receive your Māori Land interests.

If you want to make sure your will properly provides for your Māori Land interests, contact our wills team to discuss your options.

 

FOR MORE INFORMATION

If you have any questions about these issues, please feel free to contact our Wellington and Rotorua based experts: