Domestic Violence Case Law Update:

Thursday, September 07, 2017

 SN v MN [2017] NZCA 289  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 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

Auckland's Unitary Plan - In a Nutshell

Tuesday, October 18, 2016

You may have heard the term 'Auckland Unitary Plan' bantered about - if you live in Auckland or plan to, this document will have an impact on your life; whether it be job creation and development, how affordable your home is, and even who your neighbours may be, take a few moments and familiarise yourself with it (access here: Auckland Unitary Plan) or, given it is 7,000 pages, read on for a brief overview... Read more

To Gift or Not to Gift?

Tuesday, February 19, 2013

Gift duty was abolished from 1 October 2011 and while the legislative change itself is simple, it has surprisingly complex consequences. The abolition of gift duty has made it possible for individuals to gift assets directly to a trust and it is likely this practice will supplant the former method of selling property to a trust with a gift back. Read more

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