Terms of Trade - An Essential Part of Your Business

Thursday, June 01, 2017

Terms are Essential: 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

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

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