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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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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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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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'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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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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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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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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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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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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