When Charity Does Not Begin at Home and Testamentary Freedom Triumphs

Tuesday, April 11, 2017

The truism that charity begins at home might have been given a serious knock back going by the recent UK Supreme Court decision concerning an adult daughter's claim against her mother's estate in IIott v Mitson [2017] UKSC 17.  Read more

Are You Getting Your Fair Share of Relationship Property Upon a Break Up?

Thursday, April 06, 2017

The Property (Relationships) Act 1976 ("the Act") applies to marriages, civil unions and de facto relationships.  Generally under the Act, at the end of one of these relationships, the parties receive a 50:50 share of all the relationship property.  This usually includes the home, family chattels, and all other property acquired during the relationship.  However the Court does have the power to award a lump sum payment or order the transfer of relationship property from one party in the relationship to the other under Section 15 of the Act. 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

New Rules Make Litigation More User-Friendly

Thursday, August 25, 2011

You will recall back in our July issue, we briefly mentioned about the up and coming changes with the District Court rules. Well, on 1 November 2009, the new District Court Rules 2009 came into force, "radically" changing the way civil cases are run in the District Court.  Read more

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