Abstract
This chapter traces the development of three features of family property entitlements on death that distinguish New Zealand from other common law jurisdictions, such as England and Australia. First, the increased recognition of the laws and customs of the indigenous Māori population. Second, the expanded understanding of family membership that treats functionally equivalent relationships alike. And third, the restrictive approach to testamentary freedom where recognition of the family relationship alone justifies overriding the terms of a will, thus effectively creating a concept of family property on death. This chapter begins with a historical overview of family property entitlements on death, followed by a discusses the current law and concludes with some comments about the future in light of recommendations from the Law Commission’s 2021 review of succession law.