We publish a wide range of useful information on a regular basis.
In the leading Property (Relationships) Act case of Clayton v Clayton the Court of Appeal (2015) & Supreme Court (2016) found that Mr Clayton’s powers under a Trust was relationship property, and this meant that Mrs Clayton had a relationship property ...
"This is a sorry tale of what can occur when a family adopts an inappropriate form of trust deed without adequate advice or sufficient understanding of the legal effect of its terms.”- Dobson J begins his judgment in McLaren v McLaren ...
Buying and selling property can be stressful, especially since the process is new and unfamiliar for most people. To help you better understand the process and to take some of the stress out of it, here is a basic overview of ...
A recent Court of Appeal decision highlighted what a news report headed “inheritance lost: son spends estate money before nephew can get his share”. Background In December 2005 K signed his Will providing for his wife and, if she should predecease ...
In our Summer 2014/15 article, we addressed the issue of claims by former spouses/de facto partners against property owned by a Trust. This situation generally arises when there are assets that existed before the start of the relationship, and the property was settled on a Trust ...
We often receive executed Agreements for Sale and Purchase of a Business that parties have hurriedly entered into without taking legal advice and without fully understanding the implications of those binding contractual obligations. Thus it seemed prudent for us to discuss with you some “do’s” and “don’ts” in relation to the business sale and purchase process.
A shared driveway is something that can, completely unexpectedly, throw ostensibly polite neighbours into the throes of war. One such battle recently spilled from a Remuera driveway into the arena of the Auckland High Court. In that case, it emerged that ...
The requirement for precision in Employment AgreementsIn 2009 the Employment Relations Act 2000 was amended to allow a trial period of 90 days or less. This allowed an employer to dismiss an employee within the 90 day period and prevented the ...
What you need to know about repairs, maintenance and reinstatement.The July 2016 Supreme Court decision in Mobil Oil New Zealand Limited v Development Auckland Limited is a timely reminder for all landlords and tenants to consider their respective rights and obligations ...
Who has the entitlement to administer a deceased’s estate and the entitlement to the assets? A recent High Court decision highlighted the problems when a person in a de facto relationship dies without a Will. Background N (the deceased) gave instructions for ...
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