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Succession Rules 2004

TULAFONO A TOKELAU 2016

SUCCESSION RULES 2004

1. Name

These are the Succession Rules 2004.

2. Interpretation

In these Rules, "property" means all movable property owned by the deceased and all immovable property which is not subject to Tokelau custom.

PART 1 INTESTACY

3. Succession without a will

(1) Where a person dies without a will and that person's place of habitual residence is a village of Tokelau, that person's property shall be distributed by the kaiga in accordance with custom.

(2)

(i) Where there is a dispute over distribution, the Taupulega shall decide the matter.
(ii) The decision of the Taupulega shall be final.

4. Village as ultimate successor

Where a person whose place of habitual residence is a village of Tokelau dies without leaving kaiga successors, that person's property shall vest absolutely in the village as ultimate successor.

PART 2 WILLS

5. Requirements of will

A person may dispose of all of that person's property by will, provided that the will is made in accordance with these Rules.

6. Will to be in writing

A will must be in writing.

7. Testator to sign

Every will shall be signed and dated at the foot or end of the document by —

(i) the testator, or
(ii) a person other than the testator authorised in accordance with rule 8 to sign on behalf of the testator.

8. Signature of person other than the testator

(1) A will with witnesses may be signed by a person other than the testator if —

(i) it is signed in the presence of the testator, and
(ii) it is signed at the direction of the testator, and
(iii) such direction is expressly intended.

(2) Such a signature may be that of the signatory or of the testator.

9. Will with witnesses

(1) A will signed by the testator or by a person other than the testator in the manner provided by rule 8 shall be valid if witnessed by 2 persons, who sign and date the will in the presence of the testator.

(2) No witness may be a beneficiary under the will.

(3) If a witness is a beneficiary under the will, then the part of the will that relates to the witness is without effect.

10. Holograph wills

A will made by the testator is valid if it is written in the testator's own handwriting, and is signed and dated by the testator.

11. Repeal

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