Articles

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

Recent Posts


Tags

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

Archive