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


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