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

The Construction Contracts Amendment Act 2015

Wednesday, February 15, 2017

The Construction Contracts Amendment Act 2015 is implementing a number of updates to the Construction Contracts Act 2002 ("the CCA").  The amendments are coming into force progressively between 1 December 2015 and 31 March 2017. Read more

The New Health and Safety at Work Act

Thursday, February 02, 2017

Commenced on 4 April 2016, the new Health and Safety at Work Act ("the Act") replaced the Health and Safety in Employment Act 1992 which overhauled the way businesses and organisations must implement their health and safety policies.  The HSWA also put in place a new statutory regime to enforce compliance obligations. Read more

Auckland's Unitary Plan - In a Nutshell

Tuesday, October 18, 2016

You may have heard the term 'Auckland Unitary Plan' bantered about - if you live in Auckland or plan to, this document will have an impact on your life; whether it be job creation and development, how affordable your home is, and even who your neighbours may be, take a few moments and familiarise yourself with it (access here: Auckland Unitary Plan) or, given it is 7,000 pages, read on for a brief overview... Read more

Recent Posts


Tags

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

Archive