Articles

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

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

Unit Titles Act 2010 : Is Your Licence Legal?

Thursday, July 17, 2014

Do you have an informal licence over a portion of common property located in a unit title development?  Have you ever wondered if that licence is compliant with the requirements of the Unit Titles Act 2010 ("the Act")?  Read more

Defective Cross Lease Titles

Friday, October 11, 2013

Looking at buying or selling a cross lease property? One of the most common issues plaguing cross lease properties throughout New Zealand is the likelihood the flats plan (which is meant to show the boundary lines of the house, garage etc) is out-of-date and has not been updated following structural additions or improvements. The reason: it's not, strictly speaking, necessary from Council's perspective, and building consent may be granted without any reference or requirement to update the property's flats plan. The flow-on effect from this is the flats plan (which is attached to the certificate of title) is "defective", arguably giving a purchaser the right to pull out of an otherwise unconditional sale and purchase agreement.  Read more

Doing Business in New Zealand - A Guide

Thursday, April 18, 2013
CONTENTS Read more

KiwiSaver for Generation Y - First Home Buyer Support

Wednesday, April 03, 2013

KiwiSaver has almost two million members. As at 1 May 2012, approximately 340,000 of those members were aged between 25 and 34. One of the advantages of KiwiSaver for this age group and others who are in the first home market is the schemes to assist first home buyers. Members can apply for a first-home deposit subsidy of up to $5,000.00 and can withdraw all or part of their savings to put towards their deposit.  Read more

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