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

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

Archive