Browne v Munokoa and another

Browne v Munokoa and another

A non-blood adoptee is entitled to succeed to the lands of adoptive parents if, by the time of the deceased's death, the adoptee has been accepted by the adoptive parents and near family as a natural child for succession purposes; unanimous consent is not required, and subsequent objections are not determinative.

Parties
Respondent: Browne; Appellant: Munokoa; Appellant: Another (Appellant)
Jurisdiction
England and Wales
Judgment Date
16 July 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Adoption, Native Land Rights, Intestate Succession, Customary Succession, Statutory Interpretation
Succession Law Customary Law Adoption Native Land Rights Intestate Succession Customary Succession Statutory Interpretation

Case Brief

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Parties

Browne

Respondent

Munokoa

Appellant

Another (Appellant)

Appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a non-blood adoptee can succeed to Native freehold land under Cook Islands customary law
  2. 2 Whether unanimous consent of the family is required for succession by a non-blood adoptee
  3. 3 Whether acceptance must occur before the deceased's death

Ratio Decidendi

A non-blood adoptee is entitled to succeed to the lands of adoptive parents if, by the time of the deceased's death, the adoptee has been accepted by the adoptive parents and near family as a natural child for succession purposes; unanimous consent is not required, and subsequent objections are not determinative.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The respondent's succession rights are upheld.