Header Articles

We publish a wide range of useful information on a regular basis.

  • Recent Family Protection Act Decisions

    December 2020

    In 2019, I wrote an article headed “Obligations when making a Will”. In particular, I focussed on the provisions of the Family Protection Act (“the Act”) – who could claim, the evidence required from the claimant and the criteria that the ...

  • The Role Of An Executor

    March 2020

    The process for the discharge or removal of an executor of a Will By Paul Maskell. Paul is a Partner of our firm leading our Elder Law team. An executor of a Will is a person appointed by the Will-maker to administer his or ...

  • Enduring Powers Of Attorney - The process of revocation

    March 2020

    We consider it is essential for older clients to have Enduring Powers of Attorney for both Property and Personal Care and Welfare. If your health deteriorates it ensures that you have determined who will be in charge of your affairs and, ...

  • Elder Law Issues

    March 2020

    New Zealand statistics indicate that we have an aging population. In 2016 those who were 65 years and over were 15% of our population. It is estimated that by 2036 that will have increased to 22% of our population. That is ...

  • A Will in contemplation of marriage

    December 2019

    “A Will in contemplation of marriage”Generally, a valid Will is revoked (cancelled) if the will-maker marries or enters into a civil union. A Will expressed to be in contemplation of a particular marriage or civil union is not revoked by the ...

  • Retirement Villages

    December 2017

    A lifestyle choice NOT a financial investmentRetirement Villages (“villages”) tend to be resort-like gated communities of older people usually over 70 years; approximately 12% of all over 75 year olds live in a village.Once settled, I have yet to meet a ...

  • Dying Without a Will

    December 2017

    The problems you leave for your family to deal withWhen a person passes away without a Will, the Administration Act 1969 (“the Act”) sets out how the Estate of the deceased will be distributed.Firstly, the family need to determine the value ...

  • Changes to Enduring Powers of Attorney

    June 2017

    Law changes have come into effect with respect to Enduring Powers of Attorney (“EPOA/s”) under the Protection of Personal and Property Rights Act. These new changes include: New forms and layout; New notes, information and option sections; Less restrictive requirements for mutual appointments ...

  • Attorney used Enduring Power of Attorney for "personal use"

    March 2017

    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 ...

  • The Risks of Having NO Will

    September 2016

    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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