Are You in a De Facto Relationship?

Tuesday, May 02, 2017

It is common knowledge that when a married couple in New Zealand gets divorced, they, general speaking, get half each of all the property owned by the parties.  In New Zealand this asset division also extends to de facto relationships of more than three years, but what is a de facto relationship?  A marriage is easy to identify:  there is a wedding, someone cuts the cake, there is usually an adorable child in charge of the rings and most importantly, a legal document; a marriage certificate which says you are married.  However, de facto relationships are not so easy to identify. Read more

When Charity Does Not Begin at Home and Testamentary Freedom Triumphs

Tuesday, April 11, 2017

The truism that charity begins at home might have been given a serious knock back going by the recent UK Supreme Court decision concerning an adult daughter's claim against her mother's estate in IIott v Mitson [2017] UKSC 17.  Read more

Are You Getting Your Fair Share of Relationship Property Upon a Break Up?

Thursday, April 06, 2017

The Property (Relationships) Act 1976 ("the Act") applies to marriages, civil unions and de facto relationships.  Generally under the Act, at the end of one of these relationships, the parties receive a 50:50 share of all the relationship property.  This usually includes the home, family chattels, and all other property acquired during the relationship.  However the Court does have the power to award a lump sum payment or order the transfer of relationship property from one party in the relationship to the other under Section 15 of the Act. Read more

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

Dispelling Some Of The Myths About Property Division On Separation

Thursday, August 25, 2011

Most people who have been through a separation would agree that it is a difficult and stressful time. This can be exacerbated when there is confusion or misunderstanding about what property is classed as relationship property and what property is classed as separate property. The Property (Relationships) Act 1976 (“the Act”) provides a code for how property is to be divided on separation for couples who are married, in a civil union partnership or de facto/same sex relationship.  Read more

Recent Posts


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