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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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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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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In Clayton v Clayton, the Supreme
Court quashed any residual belief that a discretionary family trust
set up by one spouse during a marriage will, in the event of the
marriage dissolving, protect 'their' property from a claim by the
other spouse.
By Andrew Steele - 1 Mar 2019
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Everyone loves a good romance story but what does it mean
when the relationship ends as quickly as it started? A marriage
which ends before its third anniversary is referred to
as a marriage of short duration. In New Zealand there are special
rules around division of assets for these short
relationships.
By Surendra Bennett - 21 Feb 2019
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The Protection of Personal and Property Rights Act 1988
allows the Court to appoint a "welfare guardian" for a person who
has lost the capacity to make decisions for themselves in relation
to their personal care and welfare. Generally, only one person may
be appointed as a welfare guardian. The commonly known exception to
this was where there are "exceptional circumstances" which satisfy
the Court that it would be in the interests of that person to do
so. However, on 14 November 2018, this test changed.
By Kiren Narayanan - 17 Feb 2019
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Historically, trusts have been an extremely popular asset
planning tool in New Zealand. With no register of trusts, the
exact number of trusts is unknown, however, conservative estimates
are that there are between 300,000 and 500,000 trusts in New
Zealand. The changes proposed by the Trusts Bill will
therefore impact the lives of many New Zealanders.
By Emma Foster - 22 Jan 2019
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New Zealanders have always had a love affair with the
water. We go to the beach and we have our own backyard pools -
either permanent or temporary. Now that summer is just around the
corner, it's a perfect time to ensure that your swimming pool
complies with the rules.
By Pierce Bedogni - 18 Oct 2018
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If you find yourself charged with a criminal offence,
whether it's minor or serious, don't under estimate the importance
of getting good legal advice. It might be the difference between
whether you are convicted of the charge or not.
By Fiona McGeorge - 11 Oct 2018
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Have you ever been promised something would be left to you
in a will, but it never eventuated? If you worked or gave services
to someone who promised to reward you in their will, but they
didn't, the Law Reform (Testamentary Promises) Act may allow you to
claim against the promisor's estate.
By Andrew Steele - 8 Oct 2018
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