Articles

Commercial Leases - Things Landlords Should Consider Before Entering Into a New Lease

Friday, May 12, 2017

It is in a Landlord's best interest to protect their investment and make sure any exposure to loss from a dodgy Tenant is minimised.  All too often we hear of stories involving a Landlord being duped by a Tenant for whatever reason.  Perhaps the Tenant becomes unable to pay its rent and rather than seeking out the Landlord and dealing with the situation head on, the Tenant allows its financial problems to continue until it is too late.  By this time the Landlord is often owed money in rental and outgoings arrears and in the more extreme circumstances can be left with a vacant property needing to be re-tenanted urgently. Read more

Protecting Commercial Landlords From Tenancy Default

Friday, May 12, 2017

Unfortunately situations where Tenants are unable to pay rent on their leased commercial premises happens all too often.  As a commercial property Landlord, knowing your rights and what to do if this situation arises will help minimise your losses. Read more

House and Land Package Purchase Issues

Friday, May 12, 2017

Buying a new build "House and Land" package has become a popular option for many first home buyers.  It can involve a deposit lower than 20% of purchase price (depending on finance), and means you have the time it takes to build to keep saving towards the purchase of your new home. Read more

Are You in a De Facto Relationship?

Tuesday, May 02, 2017

It is common knowledge that when a married couple in New Zealand gets divorced, they, general speaking, get half each of all the property owned by the parties.  In New Zealand this asset division also extends to de facto relationships of more than three years, but what is a de facto relationship?  A marriage is easy to identify:  there is a wedding, someone cuts the cake, there is usually an adorable child in charge of the rings and most importantly, a legal document; a marriage certificate which says you are married.  However, de facto relationships are not so easy to identify. 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

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

Recent Posts


Tags

Amundson v Raos Constructive trusts Wills Act 2007 Section 14 Lease Loss of income Trusts Bill Ilott v Mitson 2017 UKSC 17 Zero Hour Contracts Business Executors duty Testamentary Promises Financial services provider (FSP) Anti-money laundering (AML) Sale of Goods Due Diligence Trust busting Financial services Compensation Health and Safety Reform Bill Undue influence Validity of Wills Credit Contracts and Consumer Finance Act 2003 (CCCFA) Family Protection Act 1955 Valid wills De facto Personal Re Estate of Campbell Financial Markets Conduct Act 2013 (FMCA) Commercial Financial Advisers Act 2008 Hawkes Bay Trustee Company Limited v Judd Litigation Auckland Office Conract Law Document Disclosure Charity begins at home Trusts Will Wills Act 2007 Section 11 Seperation Property (Relationships) Act 1976 Albany Office Lankow v Rose Marriage Income Re Estate of Feron Wills Act 2007 Tamarapa v Byerley KiwiSaver Erceg v Erceg Consumer credit contracts Murrell v Hamilton Terms of Trade Commercial Property Division of Functions Economic disadvantage Living standards Interpretation Act 1999 Immigration Blackwell v Hollings Wilson v Donnellan Commercial Law Interpretation Act 1999 Section 29 Fair share White v White Deceased's wishes Employment Invalid wills Financial products Testamentary writing Testamentary freedom Property Privacy Act 1993 Interpretation of documents Trust Confidentiality Testamentary capacity Residential Changes Lease Titles Charity Unfair contract terms Section 15 Wills Will that do Wills Act 2007 Section 8 Relationship Property Personal Properties and Securities Act 1999 Intellectual Property Body Corporate Clayton case Lump sum Section 15A Trust Check Up Beneficiary Rights Claims against estates Administrators duty Section 182 Family Proceedings Act 1980 Creating Trusts Asset Protection Duress Family Trusts Fair Trading Act 1986 Legislation update Landlord Estate Administration Contract and Commercial Law Act 2017 Trustee Duties Civil union Tenants Charities Break up Tenant Eviction

Archive