When Family Trusts Meet Family Protection Claims
Many New Zealanders establish family trusts as part of their estate planning, often with the understanding that these structures will provide certainty about how their assets will be distributed after death. However, a developing area of law suggests that trust arrangements may not always prevent successful claims under the Family Protection Act. Understanding the Family […]
Who keeps the bling
If an engaged couple separate before being in a qualifying de facto relationship pursuant to the Property (Relationships) Act 1976 (PRA), that is living together in the nature of marriage, the Domestic Actions Act 1975 (Domestic Actions Act) allows the court to “restore each party…as closely as practicable to the position that party would have […]
Medical decisions for children
The starting point Parents or guardians typically have the responsibility to decide, or help children decide, on important matters affecting their child. One important matter for guardians to determine is non-routine medical treatment for children. Routine treatments, like treating a cold or rash, can usually be decided by the caregiving parent alone. However, more serious […]
When separation beats trust protection.
The qualifying period is usually three years but it can be much less depending on certain circumstances. Many people also believe that having their assets in a trust before or during the relationship will protect those assets and they will not be included in the division. This is wrong. Whilst having your assets in a […]
You’re separating. Now what?
When you’re going through a separation, it’s difficult to know where to start. Often, couples have been together for a significant period, and it’s hard to know how to start unravelling their joint lives. The process can be overwhelming, but there are a number of things you can do to make it easier. Here are […]
Why Disclosure is Essential to a Separation Agreement
Providing disclosure can feel unnecessary when going through the process of dividing your relationship property, particularly in an amicable separation. However, the provision of disclosure from both parties is what makes a separation agreement valid and durable, and getting it organised early is one of the most useful things you can do for both the […]
Buying a Home Together? Consider a Contracting Out Agreement Before You Sign
Buying a home together is one of the biggest financial decisions a couple can make. Before you sign a sale and purchase agreement, it is important to understand how New Zealand’s relationship property laws may apply to your home, and whether a Contracting Out Agreement is appropriate for you. Many couples assume that ownership will […]
What is involved in a PPPR application?
Where a family member has lost capacity and did not sign an enduring power of attorney, an application to the Family Court under the Protection of Personal and Property Rights Act 1988 is the only way to obtain the authority to act for them. Our first article explains the difference between the two appointments, and […]
Applying to be appointed a Welfare Guardian or Property Manager
When a family member is no longer able to make decisions for themselves, the practical difficulties tend to arrive quite quickly. The bank will not discuss your family member’s accounts, the care facility needs someone to sign documents, and the bills keep arriving with nobody holding the authority to pay them. Being a spouse, or […]