Beyond Bloodlines: Should Merit Shape Intestate Succession?

In 2021, the Law Commission of Aotearoa New Zealand proposed a landmark reform of succession law, aiming to weave core Mãori and other cultural values into the law in order to reflect the values shared by all New Zealanders. This lecture builds on that important work by adding one more value to the conversation: care. Whilst Western intestate succession laws follow bloodlines and marriage, several Asian legal systems have pioneered a more nuanced approach that rewards those who had supported the deceased and sanctioned those who abandoned or mistreated them. This lecture examines the justifications and practical workings of these Asian inheritance models. As societies face demographic aging and mounting pressure on eldercare systems, these Asian approaches invite us to rethink the relationship between merit and inheritance.

Lusina Ho is Harold Hsiao-Wo Lee Professor in Trust and Equity at The University of Hong Kong. She has taught and published widely in trusts, equity, unjust enrichment, comparative trusts (including Chinese trusts), elder and special needs law. She serves on the editorial boards for the Journal of Equity and the Oxford Journal of Legal Studies. Both the governments of the People’s Republic of China and Hong Kong SAR have consulted her on the enactment and reform of trust legislation. She recently succeeded in persuading the Hong Kong SAR Government to establish a public trust service for individuals with special needs.