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

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