Articles

Reduced Limitation Periods Have Significant Consequences for Mortgagees

Thursday, September 07, 2017

 Read more

Residential-Care Subsidy Update - Eligibility Improved

Thursday, July 20, 2017

The High Court, in Broadbent v The Chief Executive of the Ministry of Social Development [2017] NZHC 1499 (a test case), has told the Ministry of Social Development that it is not correctly applying the means testing assessment for income when determining someone's eligibility for a residential-care subsidy. Read more

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

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

Effective Trust Management and Asset Protection

Tuesday, July 15, 2014

"Trust busting" is the term given to an attempt made to penetrate a Trust structure and have assets held by the Trust declared by the Courts to be owned personally by an individual. The implication of Trust assets being found to be owned personally is that these assets then become part of an individual's net worth and are an available "property pool" to former spouses/partners or creditors with valid claims against the individual.  Read more

Recent Posts


Tags

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

Archive