The Pamphlet Collection of Sir Robert Stout: Volume 67
Succession and Wills
Succession and Wills.
73. In case any Native has died, or shall die, entitled to any
estate, share, or interest in any Native land, or Titled land, whether held under Native usage or custom, or in severalty, or as tenant in common or joint tenant, without having made any valid disposition thereof by will, the Commissioner, on the application of any Native claiming to be interested therein, shall inquire and ascertain who ought to succeed to such estate, share, or interest in such Native or Titled lands.
Succession to lands of deceased intestate owner
74. The Commissioner shall, by notice, to be published as herein-
before provided, appoint a time and place for the hearing of such application.
Hearing of application
75. If, on any such hearing, any document purporting to be a will
is produced, the Commissioner shall, after proof of death, make the inquiries following:—
Inquiries to be made by Commissioner
Will invalid in certain cases
( a.) | Properly attested by two disinterested persons having no interest directly or indirectly in the estate thereby devised, such witnesses to be, where possible, of the European race. (If necessary, the Commissioner may summon the attesting persons to prove the execution of the document.) |
( b.) | Which devises any real estate out of, or away from the direct lineal descendants (that is to say living children, grand-children, or great-grandchildren) of the devisor, who, according to Maori usage and custom, are the proper persons to succeed to such real estate. |
( c.) | Where the person, on executing such will, shall be proved to the satisfaction of the Commissioner to have been in an unfit state, mentally or bodily, to understand the purport thereof. |
( d.) | With the above exceptions, a Native may devise his real estate to any person whomsoever he may deem fit. |
Person other than a Native to pay a duty on bequest under will
Manner in which decision to be made
( a.) | In respect of Native Land (where no valid will has been produced), in accordance with Native usage and custom. |
( b.) | In respect of Titled Land (where no valid will has been produced), in accordance with the law of New Zealand (where it does not conflict with the provisions of this Act), as nearly as it can be reconciled with Native usage and custom. |
( c.) | In respect of a devise under a will whore not repugnant to the provisions of this Act, to the person or persons entitled to succeed under the will, and in the best manner calculated to give effect thereto. |
Commissioner to make Succession Order
80. The Succession Order so made shall have the same force and
effect in favour of the successor as the instrument (if any) under which the deceased Native owner was entitled had in his favour at the time of his decease, and as regards land hold under Crown Grant shall be entitled to registration under the Land Transfer Act, or the Deeds Registration Act, in like manner as a valid will.
Effect of Succession Order
81. Whensoever any Native claims to succeed to the estate, share,
or interest of any deceased person (which is not the subject of any valid fill), who shall have died possessed of any estate hold under "The East Coast Native Land Act, 1868," and "The East Coast District Land Titles Validation Act, 1871," or any certificate or Crown Grant made under the authority thereof or any other Act referring to Native lands in which the estate created thereby is one of "joint tenancy" and not of "tenancy in common." For the purpose of this Act and notwithstanding any Act now in force, or the making of any such certificate or Crown Grant under the authority thereof, all Native owners of such lands (where the fee simple thereof has not been disposed of by conveyance) shall, after the passing of this Act, be, and be doomed to be, "tenants in common," and shall be entitled to succeed to any real estate as such; and a Succession Order shall be issued to such person or persons as hereinbefore provided; and such order shall s ow on the face thereof that it was made for land the subject of a title in "joint tenancy."
Providing for succession in cases of joint tenancy
82. If any person shall feel himself aggrieved by any decision
of a Commissioner in any matter of succession, he may apply to the Chief Commissioner for a rehearing thereof, which shall" be dealt with in the manner prescribed herein in section 24 in cases of incomplete title. A decision on a rehearing shall be final and conclusive.
Re-hearing of Succession Claims