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

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

Effective Trust Management and Asset Protection

Tuesday, July 15, 2014

"Trust busting" is the term given to an attempt made to penetrate a Trust structure and have assets held by the Trust declared by the Courts to be owned personally by an individual. The implication of Trust assets being found to be owned personally is that these assets then become part of an individual's net worth and are an available "property pool" to former spouses/partners or creditors with valid claims against the individual.  Read more

Doing Business in New Zealand - A Guide

Thursday, April 18, 2013
CONTENTS Read more

Recent Posts


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