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


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