Articles

When Charity Does Not Begin at Home and Testamentary Freedom Triumphs

Tuesday, April 11, 2017

The truism that charity begins at home might have been given a serious knock back going by the recent UK Supreme Court decision concerning an adult daughter's claim against her mother's estate in IIott v Mitson [2017] UKSC 17.  Read more

Contract and Commercial Law Act 2017

Monday, April 10, 2017

Passed on 1 March 2017, the Contract and Commercial Law Act 2017 ("CCLA") represents a step taken by our Parliament to consolidate and modernise New Zealand's law relating to contracts and sales.  The CCLA will come into force on 1 September 2017. Read more

Are You Getting Your Fair Share of Relationship Property Upon a Break Up?

Thursday, April 06, 2017

The Property (Relationships) Act 1976 ("the Act") applies to marriages, civil unions and de facto relationships.  Generally under the Act, at the end of one of these relationships, the parties receive a 50:50 share of all the relationship property.  This usually includes the home, family chattels, and all other property acquired during the relationship.  However the Court does have the power to award a lump sum payment or order the transfer of relationship property from one party in the relationship to the other under Section 15 of the Act. Read more

Providing Financial Services or Financial Products in New Zealand

Thursday, April 06, 2017

There are a large number of statutes that potentially apply to any business providing financial services or products in New Zealand.  We are aware from prosecutions by regulators and from assistance that we have provided to clients, that many people are unaware of the full compliance requirements that relate to their business.  In some cases, businesses may comply with one statute, but are unaware that there are other statutes that apply. Read more

Will That Do? - Validation of Non-Compliant Wills

Tuesday, March 21, 2017

Before a deceased's last will can have the legal effect of distributing property to his or her heirs accordingly to its terms, it must be admitted to probate, that is accepted by the High Court as being valid. 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

"Buying or Selling a Property? Five Things to Think About"

Thursday, March 09, 2017

Your home is likely to be the biggest asset you ever own, and although buying and selling property is an exciting venture, there are several things that should be kept in mind before entering into a property transaction.  Here is a list of our top five things to consider before your sale and purchase agreement goes unconditional: Read more

Casual Friday Donations

Wednesday, March 08, 2017

Every Friday at McVeagh Fleming is a "Casual Friday" when smart, comfortable attire can be worn on the condition that staff who are in casual clothing pay a donation.  The Partners of the firm match the staff's contribution dollar for dollar each week.  For every $1,000.00 reached, a draw of the participating staff is held and a donation is made towards a charity of the staff member's choosing. Read more

"Unpaid Invoices - Want to Understand Your Options"

Wednesday, March 08, 2017

At one time or another, all businesses confront the unpleasant task of collecting outstanding fees for the services or products they have provided.  When a client refuses to pay an outstanding invoice, recovering the money due may turn into a drawn-out process, even when the amount owed appears un-contentious.  Engaging a solicitor to assist with the debt recovery process has the benefit of both impressing on the debtor your commitment to pursuing the debt and simplifying an otherwise frustrating process. Read more

Recent Posts


Tags

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

Archive