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Contract and Commercial Law Act 2017

Monday, April 10, 2017

Passed on 1 March 2017, the Contract and Commercial Law Act 2017 ("CCLA") represents a step taken by our Parliament to consolidate and modernise New Zealand's law relating to contracts and sales.  The CCLA will come into force on 1 September 2017. 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

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

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