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iraboyd@hotmail.com OWC
(@iraboydhotmail-com-owc)
Eminent Member

Kia ora whanau,
If i have not yet answered to anyone who has posted me, please post again.
Now that the silly season is over (Xmas and New Year celebrations)i am back on board again.
I do hope you all had a marvelous Christmas and an awesome New Year with your whanau.
Apologise to any whanau who have posted me and I have not posted back.
Arohamai whanau,
Ko Ira tenei.

Quote
Posted : 03 January, 2007 5:59 am
Administrator OWC
(@administrator-owc)
Active Member

Kia ora Ira
My story is this:
My birth father gave me to his nephew, as his nephew could not have children.
My adopted father then adopted his sisters boys. He then adopted his wife's daughters child.
Problem:
Only two were legally adopted and I along with the other brother were whangai.
I am the eldest of 4 children.
Dilemma:
When my birth dad died he left a will of which I was included. My whangai mother passed away December 2002 and also left me in her will.
We have not yet succeeded to our mothers land because I have been told that I cannot do this:
I have been named in my birth fathers will and cannot claim twice.
I would need to have written reference from my brothers and sisters saying they agree with me as part of our mothers inheritance.
Or I would have to relinquish or disown my birth parents to be able to apply to my whangai mothers will.
Or fill out the application and wait till it went to the Maori Land Court hearing whereby I would need to make a statement to the judge as to why I should be entitled?
Is this what I would really have to go through?
Please advice.

ReplyQuote
Posted : 06 January, 2007 5:18 pm
iraboyd@hotmail.com OWC
(@iraboydhotmail-com-owc)
Eminent Member

Kia ora Hinerau,
A Story you might want to read:
I went to a court hearing last month and came across this court case:
The whangai son (he wasn’t legally adopted) wanted the homestead in which he had been looking after for 30 odd years or since his whangai parents died.
The younger immediate whanau members who were true descendants of to the whangai parents, objected to the whangi son having the homestead, even though he had been looking after it for 30 odd years.
The Judge (nice looking too I might add, yummy, could wake up next to him every morning, not a problem, just joking!), well he said that according to the will left by the whangi father, stipulated that only direct deccedants were entitled to any of the whangi father’s estate and that the family had to go and sort it out, otherwise, if they couldn’t sort it out then the judge would have to refer to the will and that mean’t that the whangi son (elderly gentleman) would receive nothing, because he was not a direct descedant.

Edited by - iraboyd@hotmail.com on Jan 06 2007 9:05:52 PM

ReplyQuote
Posted : 06 January, 2007 8:44 pm
iraboyd@hotmail.com OWC
(@iraboydhotmail-com-owc)
Eminent Member

Kia ora Hinerau, I had to break each question down in order to get some understanding of what you were asking. Here goes:

My birth father gave me to his nephew, as his nephew could not have children.
Comment: Kia ora.

My adopted father (nephew to birth father) then adopted his sister’s boys.
Comment: Kia ora.

He then adopted his wife's daughter’s child.
Comment: Kia ora.

Problem:
Only two were legally adopted and I along with the other brother were whangai.
Comment: Kia ora.

I am the eldest of 4 children.
Comment: This could explain why they included you in their land shares. You must be the caretaker of the whanau.

Dilemma:
When my birth dad died he left a will of which I was included.
Comment: He obviously wanted you included in his land shares. Not your fault if he wanted that for you.

My whangai mother passed away December 2002 and also left me in her will.
Comment: she obviously wanted you to have some of her land shares as well and again, not your fault.

We have not yet succeeded to our mother’s land because I have been told that I cannot do this.
Comment: but she left a will stating that you are to have part of her land shares.

I have been named in my birth father’s will and cannot claim twice.
Comment: but if that’s what he wanted for you, well who are we to argue. That’s what he wanted to give you. Bottom line.

I would need to have written reference from my brother’s and sister’s saying they agree with me as part of our mother’s inheritance.
Comment: Kia ora, obtain written reference from your brother’s and sister’s.

Or I would have to relinquish or disown my birth parents to be able to apply to my whangai mother’s will.
Comment: Don’t do this, for this is not the maori way and no one has the right to tell anyone to relinquish or disown birth parents, whangai parents or any other kind of parent or parents.
Throw this at the judge if you feel you need too or even include it in your application to the MLCourt. So I guess my answer to this problem is: NO WAY!!!.

Or fill out the application and wait till it went to the Maori Land Court hearing whereby I would need to make a statement to the judge as to why I should be entitled?
Comment: You should be entitled to all part land shares because that’s what your dad and your whangi mum want for you. They must have done this for a very good reason. Our tupuna don’t do things without good reason.

Is this what I would really have to go through?
Comment: Yes, sorry to say. But it’s not as arduous as it sounds.

Comment: Firstly talk to your brother’s and sister’s and see what you all come up with.
If you all can’t come up with a positive solution then let the court take care of this issue. For they are obligated to take any and all Will’s seriously.

I think this is your best option! Talk to your brother’s and sister’s and see what happens. But at the end of the day if that’s what your real dad and your whangi mum want for you, well, so be it.

Hope this is of some help. Post if I can assist further.
Hope this wasn’t to boring!
Arohamai.

ReplyQuote
Posted : 06 January, 2007 8:59 pm
iraboyd@hotmail.com OWC
(@iraboydhotmail-com-owc)
Eminent Member

Kia ora Hinerau,

I went to a court hearing last month and came across this court case:

The whangai son (he wasn’t legally adopted) wanted the homestead in which he had been looking after for 30 odd years or since his whangai parents died.

The younger immediate whanau members who were true descendants too the whangai parents, objected to the whangi son having the homestead, even though he had been looking after it for 30 odd years.

The Judge (nice looking too I might add, yummy, could wake up next to him every morning, not a problem, just joking!), well he said that according to the Will left by the whangi father, it stipulated that only direct descedants were entitled to any of the whangi father’s estate and that the family had to go and sort it out, otherwise, if they couldn’t sort it out then the judge would have to comply with the terms of the Will and that mean’t that the whangi son (elderly gentleman) would receive nothing, because he was not a direct descedant.

Hmmm.

ReplyQuote
Posted : 06 January, 2007 9:14 pm
Administrator OWC
(@administrator-owc)
Active Member

I would like to thank you for your words of encouragement and to let you know that I will not be relinquishing either. That was not my intention at all, it was what I was told I may have to do. Not in this life time eh!!!
I forgot to mention that even though we were adopted and whangai the surname remains the same, we are one whanau. (Something that happened quite a bit back in the old day's, keep it in the whanau.)
I have spoken with the brother and sister and no problems there, I already have a letter from my sis endorsing her support for me and the brother will also write one for me.
My other brother has asked that he be excluded from the succession order as he has land interests elsewhere, left to him by his birth mum and his koro, but he is willing to come to court with me and speak up for me.

Once again Ira many many thanks for your support and advice. It has been very helpful and I will now commence with the succession orders. I will keep you posted (if thats alright)as to how we go.

Nga mihi o te tau hou.

ReplyQuote
Posted : 07 January, 2007 9:45 am
iraboyd@hotmail.com OWC
(@iraboydhotmail-com-owc)
Eminent Member

quote:


I would like to thank you for your words of encouragement and to let you know that I will not be relinquishing either. That was not my intention at all, it was what I was told I may have to do. Not in this life time eh!!!
I forgot to mention that even though we were adopted and whangai the surname remains the same, we are one whanau. (Something that happened quite a bit back in the old day's, keep it in the whanau.)
I have spoken with the brother and sister and no problems there, I already have a letter from my sis endorsing her support for me and the brother will also write one for me.
My other brother has asked that he be excluded from the succession order as he has land interests elsewhere, left to him by his birth mum and his koro, but he is willing to come to court with me and speak up for me.

Once again Ira many many thanks for your support and advice. It has been very helpful and I will now commence with the succession orders. I will keep you posted (if thats alright)as to how we go.

Nga mihi o te tau hou.



Kia ora Ma,
I do apologise if I came on too strong on my comments that wasn't my intention. I knew you would sort it out on your own. I would like to wish you and your whanau all the best on your succession journey, and may you all have a wonderful 2007.
Would really appreciate you keeping me posted, that would be kool.
If i can help please feel free to post me.
He tino pai hoki koe. He tino pai to mahi.
Ka pai e hoa.

ReplyQuote
Posted : 07 January, 2007 4:04 pm
Administrator OWC
(@administrator-owc)
Active Member

Indeed I will keep you posted. I have read your postings and you have given great advice and support to those who have contacted you. Even though I have only made a few postings to you, I feel that I know you like I have known my best friend of 30 years.

Until I hear from you again. God bless and keep you safe.

ReplyQuote
Posted : 07 January, 2007 5:17 pm
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