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Ownership of foreign assets and emigration – why cross-border estate planning is a pressing issue

Ownership of foreign assets and emigration – why cross-border estate planning is a pressing issue

More than a quarter of New Zealand's population is born overseas (and more than 70% of us can trace our roots to Europe).  While these statistics reflect how attractive New Zealand is as a destination for a new life and opportunity it also means that when dealing with estates and estate planning, with assets dispersed worldwide, we must carefully navigate conflicting laws.

By Lee Harris - 1 Jun 2023

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I bought a property with someone and now they don’t want to sell! / J’ai acheté de l’immobilier, mais mon copropriétaire ne veut pas le vendre !

I bought a property with someone and now they don’t want to sell! / J’ai acheté de l’immobilier, mais mon copropriétaire ne veut pas le vendre !

Property is a big part of our lives and it is becoming more and more common to purchase with other parties. This is often by way of a joint venture to develop property or as a way to purchase residential property and share the burden. However, there is always a risk that for whatever reason, one of the parties wants to sell or no longer wishes to be involved. What can you do if your co-owner does not want to sell?

By Kiren Narayanan - 17 May 2023

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Contesting transfer of assets to a trust in exceptional circumstances

Contesting transfer of assets to a trust in exceptional circumstances

In the most recent STEP Journal article, Polina unpacks a recent decision issued by the NZ High Court concerning a breach of fiduciary duty to an adult child. This case broke new legal ground as it introduced a new tort: breaching a fiduciary duty to an adult child.

By Polina Kozlova - 1 May 2023

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Our tribute to Telise Kelly

It is with deep sadness that we acknowledge the passing of one of our dear colleagues, Telise Kelly who was a Senior Associate in our Litigation team. Telise passed away on 18 April 2023 as a result of a tragic accident that occurred minutes before she was due to appear in the North Shore District Court. This has left our entire firm at Martelli McKegg in shock and we are all in a state of mourning.

By Jacque Lethbridge - 20 Apr 2023 - 16 comments

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Martelli McKegg features in Maison et Jardin (the French equivalent of House and Garden)

Martelli McKegg features in Maison et Jardin (the French equivalent of House and Garden)

Martelli McKegg's ability to assist francophone clients with their New Zealand investments is featured in a Maison et Jardin article, the equivalent of House & Garden in France with a readership of 1,148,000.

By Lee Harris - 28 Mar 2023

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Divorce - what is it good for?

Divorce - what is it good for?

Separating from your spouse may be what ends your relationship in practical terms, but remaining married, even after years of separation, can have unexpected consequences.

By Telise Kelly - 9 Mar 2023

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Webinar for Francophone clients with assets in New Zealand

Webinar for Francophone clients with assets in New Zealand

Our French speaking team has prepared a webinar to discuss the unexpected consequences of holding assets in New Zealand when you have ties to the francophone world. This webinar explores some of the problems arising from this and the differences in New Zealand law and the laws in French Polynesia, France and New Caledonia.

Please note this webinar is conducted in French.

By Lee Harris - 16 Nov 2022

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What to do if you’ve been appointed as an attorney under an Enduring Power of Attorney

What to do if you’ve been appointed as an attorney under an Enduring Power of Attorney

In New Zealand, the Protection of Personal and Property Rights Act 1988 (PPPR Act) provides that anyone who wants to put an enduring power of attorney in place (i.e. a "donor") has to be independently advised by a lawyer, who must certify that the donor fully understands the nature and effect of the enduring power of attorney.

However, a person who is appointed as an attorney often receives little advice as to how they should carry out their role.

By Kate Webster - 25 Oct 2022

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Why is it important to have a Will in New Zealand?

Why is it important to have a Will in New Zealand?

Dying without a will is far more expensive than paying a lawyer to have your will sorted. All that is required to administer an estate of a person who died leaving a will is to apply to a High Court for probate of the will. Dying without a will involves an application for intestacy, which is more complicated and costly than a probate application.

By Polina Kozlova - 19 Aug 2022

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Overseas beneficiaries and trustees – triggers for foreign tax surprises

Overseas beneficiaries and trustees – triggers for foreign tax surprises

If you have family living overseas, have you considered the foreign tax implications?  Read on, because chances are that either you or someone you know is impacted.

Historically, information was largely unavailable between tax authorities, but this is no longer the case. The new trust disclosure obligations are an example of ways that Inland Revenue can obtain further information about taxpayers, whether they live in New Zealand or overseas. Have you thought about how Inland Revenue will use that information and how it will affect your family?

By Lee Harris - 22 Jul 2022

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