Succession: Transfer of ownership when an owner dies
Applying to the court for a succession order
How do I apply to be a successor?
You’ll need to complete an application for a succession order and lodge it with the Māori Land Court. (For information about the application process, see “The Māori Land Court / Applying to the Māori Land Court for an order” in this chapter.)
You’ll need to include the following with your application:
- a death certificate (either an original or a certified copy)
- a certified copy of either the will, the court’s grant of probate (its acceptance of the will as valid), or the court’s grant of administration (which applies if there’s no will)
- the application fee
- the surrender of any life interest, if applicable, and
- whakapapa details for the deceased person – this includes parents and brothers and sisters (including whāngai and those who have passed away).
Note: There are many different application forms for succession, so it’s best to talk to the court staff to find out which one best suits your situation.
Locating the land interests
To get details of who has an interest in the land, you can use the Māori Land Information System (MLIS) at any office of the Māori Land Court, or you can search online at: www.maorilandonline.govt.nz
Court staff will always carry out a full search when they receive your application.
Who should sign the succession application?
There’s no need for the application to be signed by all the people who are entitled to be successors. By providing whakapapa details in your application (see above), this ensure that all entitled people are included.