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We're separating and our assets are all in trust. Does that mean I get nothing?

We're separating and our assets are all in trust. Does that mean I get nothing?

The Property (Relationships) Act 1976 determines what is and is not "relationship property" and which assets should be divided equally between de facto partners and spouses on separation. It also defines "separate property" as assets owned by one partner alone and not to be shared equally. But in a country with the highest number of trusts per capita in the world, what happens if your assets are held in trust?

By Telise Kelly - 18 Aug 2019

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The long awaited Trusts Bill receives Royal assent

The long awaited Trusts Bill receives Royal assent

On Wednesday the much anticipated Trusts Bill finally received the Royal tick of approval and officially became an Act of Parliament. Pursuant to section 2, the provisions of the Act will come into force on 1 February 2021. This is probably the most significant change to trust law in the past thirty years or more.

By Emma Foster - 1 Aug 2019

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First home purchaser series - Part 1: The deposit

First home purchaser series - Part 1: The deposit

For many people trying to purchase their first home, getting together a deposit is often a daunting thought that may seem unattainable. There are, however, a number of resources that you can tap into to help get you to that ever important point where you can move from paying your landlord's mortgage to paying your own.

By Michael Bennett - 23 Jul 2019

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Buying off the plans - properties that don't yet exist

Buying off the plans - properties that don't yet exist

When buying off the plans, there are a number of extra terms and conditions which need considering before signing an agreement. We discuss a few of these below.

By Michael Bennett - 15 Jul 2019

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Protecting your assets - assisting children purchasing property

Protecting your assets - assisting children purchasing property

Your child has found the property of their dreams, but they are a little short on their deposit so you decide to help them out. Before transferring the money, it is essential you talk to us about protecting your contribution.

By Michael Bennett - 8 Jul 2019

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The importance of maintaining a 'good character' in Overseas Investments in New Zealand

The importance of maintaining a 'good character' in Overseas Investments in New Zealand

By law, overseas investors in sensitive land and significant business assets in New Zealand must be of (and must maintain) 'good character'. The Overseas Investment Office (OIO) considers many factors when assessing an overseas investor's character. The term 'good character' generally means acting appropriately, including but not limited to not committing any offences nor contravening any laws.

By Steven Lee and Genelle Seah - 12 Jun 2019

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Martelli McKegg strengthens litigation offering with new partner hire

Martelli McKegg strengthens litigation offering with new partner hire

We are delighted to announce that Jacque Lethbridge joined the partnership effective 1 June 2019.

By Mike Worsnop - 1 Jun 2019

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Left out? Challenging a Will

Left out? Challenging a Will

Accompanying the increase in blended families is a corresponding increase in claims by children against the deceased estate of a parent who entered a new relationship. Acrimonious divorces and de facto separations sometimes leave children of the relationship estranged from one parent. This in turn can sometimes result in the children being disinherited in favour of the estranged parent's new partner and family.

By Terri Gough - 5 Apr 2019

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In a relationship breakup can you get more than 50 percent?

In a relationship breakup can you get more than 50 percent?

Recently I had a new client who in our initial meeting said "my friends have told me I can get more than 50% of the assets". How many people going through a separation have heard the same thing from friends or family who have either gone through it themselves, or heard about "someone" who got more than 50%?

By Fiona McGeorge - 14 Mar 2019

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Who is an 'Overseas Person' under the OIA?

Who is an 'Overseas Person' under the OIA?

Pursuant to the amended Overseas Investment Act (OIA) which came into effect from 22 October 2018, the purchase of residential property by an 'Overseas Person' is subject to consent from the Overseas Investment Office (OIO) unless an exemption applies.

By Genelle Seah - 12 Mar 2019

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