Will That Do? - Validation of Non-Compliant Wills

Tuesday, March 21, 2017

Before a deceased's last will can have the legal effect of distributing property to his or her heirs accordingly to its terms, it must be admitted to probate, that is accepted by the High Court as being valid. Read more

The New Draft Trusts Bill and its Suggested Disclosure Rules - How Could This Affect You?

Thursday, March 16, 2017

A new Trusts Bill has recently been released for public consultation.  This bill updates and changes various aspects of trust law.  One interesting proposed change is the rights beneficiaries have to trust information.  The most recent judicial case involving beneficiaries and trust information is Erceg v Erceg [2017] NZSC 28.  The Supreme Court did not find that there was a presumption for or against disclosure of trust documents, but that there is an "expectation that basic trust information will be disclosed to a close beneficiary who wants it".  The Supreme Court's analysis did differ from the lower Courts.  The Supreme Court listed certain factors to take into consideration when courts receive a request for disclosure.  They are: Read more

Are You Entitled To Value From Your (Soon-to-Be) Ex-Spouse's or Ex-Partner's Trust?

Monday, March 13, 2017

What happens if your relationship ends and your spouse/partner has previously settled property in a trust?  If the trust is valid, and there have been no dispositions to which the Property (Relationships) Act 1976 applies, there are two ways you may make a claim against that property. Read more

"Buying or Selling a Property? Five Things to Think About"

Thursday, March 09, 2017

Your home is likely to be the biggest asset you ever own, and although buying and selling property is an exciting venture, there are several things that should be kept in mind before entering into a property transaction.  Here is a list of our top five things to consider before your sale and purchase agreement goes unconditional: Read more

Casual Friday Donations

Wednesday, March 08, 2017

Every Friday at McVeagh Fleming is a "Casual Friday" when smart, comfortable attire can be worn on the condition that staff who are in casual clothing pay a donation.  The Partners of the firm match the staff's contribution dollar for dollar each week.  For every $1,000.00 reached, a draw of the participating staff is held and a donation is made towards a charity of the staff member's choosing. Read more

"Unpaid Invoices - Want to Understand Your Options"

Wednesday, March 08, 2017

At one time or another, all businesses confront the unpleasant task of collecting outstanding fees for the services or products they have provided.  When a client refuses to pay an outstanding invoice, recovering the money due may turn into a drawn-out process, even when the amount owed appears un-contentious.  Engaging a solicitor to assist with the debt recovery process has the benefit of both impressing on the debtor your commitment to pursuing the debt and simplifying an otherwise frustrating process. Read more

Changes to Enduring Powers of Attorney

Wednesday, March 08, 2017

On 16 March 2017 changes to the Protection of Personal Property Rights Act 1988 come into effect.  Some of these changes affect how Enduring Powers of Attorney ("EPOA") are made, and others affect how they operate.  If you have any unsigned EPOAs drafted and they are not fully executed by this date, they will be invalid and will need re-drafting.  EPOAs fully executed prior to 16 March 2017 remain valid.  Please urgently contact us if you wish to finalise documents prior to 16 March 2017. Read more

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Companies Act 1993 Contract Law Offending Protection Order Constructive trusts Pattern of offending Immigration Interpretation Act 1999 Section 29 Trust Confidentiality Grey Power Personal Ministry of Social Development SN v MN [2017] NZCA 289 Gifting Testamentary writing Limitation period Limitation Act 1950 Psychological abuse Financial Markets Conduct Act 2013 (FMCA) Twelve years Re Estate of Campbell Fair share Hawkes Bay Trustee Company Limited v Judd Anti-money laundering (AML) Charity Residential Protector Immigration New Zealand Interpretation of documents Health and Safety Reform Bill Ilott v Mitson 2017 UKSC 17 Tenants Income Economic disadvantage Re Estate of Feron Partnership based work visa Validity of Wills Limitation Act 2010 Employment Principal Compensation Wills Character requirements Testamentary freedom Financial services provider (FSP) Wills Act 2007 Section 14 Albany Office Testamentary capacity Reckless Trading Amundson v Raos Commercial ''Best Endeavours'' Contract and Commercial Law Act 2017 Rest Home Subsidies Legislation update Due Diligence Section 182 Family Proceedings Act 1980 Deceased's wishes Physical abuse Part payment Valid wills Partner of resident Seperation De facto Commercial Property Auckland Office Commercial Law Verbal abuse Creating Trusts Trust Check Up Executors duty Recovery of money Broadbent v Ministry of Social Development Living standards Wills Act 2007 Section 8 Invalid wills Lump sum Interpretation Act 1999 Break up Personal Properties and Securities Act 1999 Will Trusts Bill Wilson v Donnellan Property Body Corporate Administrators duty Family Protection Act 1955 Clayton case Repayment Resident Visa Intellectual Property Erceg v Erceg Charities Skilled migrant points Beneficiary Rights Financial products Acknowledgment of Debt Property (Relationships) Act 1976 Shareholders' Agreement Document Disclosure Duress Will that do Lease Titles Visa application Financial Advisers Act 2008 SMC WINZ Section 15A Relationship Property Mortgage Wills Act 2007 Section 11 Privacy Act 1993 Trustee Duties Undue influence Credit Contracts and Consumer Finance Act 2003 (CCCFA) Estate Administration Eviction Murrell v Hamilton Temper Claims against estates Blackwell v Hollings Violence Ministry Consumer credit contracts Sale of Goods Tenant Trust busting Zero Hour Contracts Tamarapa v Byerley Family Trusts Company Law Directors' Duties Division of Functions Lease Elder Law Litigation Domestic Violence Act 1995 Work and Income Skilled migrant Unfair contract terms Business Abuse Financial services Mortgagor Resident Charity begins at home Expression of interest Case Study Lankow v Rose Changes Trusts Mortgagee Domestic violence Loss of income Interest Gifts Fair Trading Act 1986 Acknowledgment Marriage Limitation defence Six years Subsidies White v White Wills Act 2007 Landlord Asset Protection Civil union KiwiSaver Testamentary Promises Section 15 Frustration Terms of Trade