Articles

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

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

Dispelling Some Of The Myths About Property Division On Separation

Thursday, August 25, 2011

Most people who have been through a separation would agree that it is a difficult and stressful time. This can be exacerbated when there is confusion or misunderstanding about what property is classed as relationship property and what property is classed as separate property. The Property (Relationships) Act 1976 (“the Act”) provides a code for how property is to be divided on separation for couples who are married, in a civil union partnership or de facto/same sex relationship.  Read more

Recent Posts


Tags

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

Archive