Articles

Reduced Limitation Periods Have Significant Consequences for Mortgagees

Thursday, September 07, 2017

 Read more

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

Recent Posts


Tags

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

Archive