Articles

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

Recent Posts


Tags

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

Archive