Browne (Respondent) v Munokoa and another (Appellants) (Cook Islands)

Browne (Respondent) v Munokoa and another (Appellants) (Cook Islands)

A non-blood adoptee is entitled to succeed to the lands of his or her 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 member of the family for the purposes of succession, and such acceptance does not require unanimity but is a value judgment based on all the facts. Subsequent objections do not alter the position if acceptance is established at death.

Citation
[2018] UKPC 18
Parties
Respondent: Browne; Appellants: Munokoa and another
Jurisdiction
United Kingdom
Judgment Date
16 July 2018
Procedural Posture
Appeal / Judgment of the Privy Council on Appeal From the Court of Appeal of the Cook Islands
Outcome
Appeal dismissed
Legal Topics
Succession Rights of Adopted Children, Customary Land Tenure, Adoption and Inheritance, Recognition of Custom in Law
Customary Law Succession Law Land Law Succession Rights of Adopted Children Customary Land Tenure Adoption and Inheritance Recognition of Custom in Law

Case Brief

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Parties

Browne

Respondent

Munokoa and another

Appellants

Procedural Posture

Appeal / Judgment of the Privy Council on Appeal From the Court of Appeal of the Cook Islands

Legal Issues

  1. 1 Whether a non-blood adopted child is entitled to succeed to the lands of adoptive parents under Cook Islands customary law
  2. 2 Whether unanimous consent of the family is required for succession by a non-blood adoptee
  3. 3 At what point in time family acceptance must be established for succession purposes

Ratio Decidendi

A non-blood adoptee is entitled to succeed to the lands of his or her 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 member of the family for the purposes of succession, and such acceptance does not require unanimity but is a value judgment based on all the facts. Subsequent objections do not alter the position if acceptance is established at death.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.