We publish a wide range of useful information on a regular basis.
What qualifies as a relationship? A case recently decided by the High Court under the Property (Relationships) Act 1976 (“the Act”) was one where the Judge had to make the decision as to whether the Court has jurisdiction to determine relationship property ...
“There and back?” As it has been for almost everyone, the Covid-19 pandemic has been the most serious crisis in our respective lifetimes.Events happened so fast through mid-March that there was little time for advance planning.We had organised for “Elder Law Issues” ...
Option election within 6 months – relationship property – death of one partner – distribution of estate assetsWhen a person dies, who has been recently in a relationship, the other party (“claimant”) may accept what is in the deceased’s Will or ...
“Living together as a couple” for three or more years – receipt of a solo parent benefit By Clare Tuck. Clare is a lawyer at our Papakura office specialising in Relationship Property Law.In the recent High Court decision of Selak v Smith, it ...
De facto relationships and claims after deathThis article follows the article entitled “De facto relationships or friends with benefits?” by Anesha Dhanji in our Spring 2018 Law Report. It represents another case where there was a difference of opinion as to whether ...
In past years there have been some shocking cases (Quinn, Heppell, Taylor) of caregiver abuse and neglect by family members which led to jail sentences.Recent examplesA recent Court case of elder abuse is a reminder for those appointed in Enduring Powers ...
Whenever I ask clients when their de-facto relationship commenced, the response is often along the lines of “well we’ve been together for about four years, but we’ve only been living together for just over a year”. I often advise my clients ...
Family Trusts have been particularly significant since 1993. Anecdotally, it would seem that there are in excess of half a million Family Trusts in New Zealand currently. That is significantly more, per head of population, than for almost every other country. ...
The survivor needs to consider the optionsPart 8 of the Property (Relationships) Act 1976 (“the Act”) deals with the division of property where a marriage or de facto relationship ends because one of the parties has died. The surviving spouse or ...
Equal sharing repugnant to justiceThe majority of our clients are already aware that where a marriage/de facto relationship of long duration comes to an end, relationship property is divided equally between the former spouses/partners. This “equal sharing rule” reflects key principles ...
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