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


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