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The Supreme Court has recently considered the issues of testamentary capacity, and the role of the lawyer, when a lawyer drafts a Will for their client.In a particular case that went all the way to the Supreme Court a son, disgruntled with what he had been left in his mother’s Will, made claims th...
Unconditional - When both parties have signed a contract, and there are no conditions attached to the contract or when the condition in the contract have been satisfied. This means that the contract is now unconditional and both parties are now legally bound by the contract and are obliged to settl...
Recent statistics highlight that too many adults in New Zealand do not have a Will. We see the problems and the additional costs that canarise for the family when a person dies without a Will.Wills are intended to cover not only your assets (and who gets them) but also who will raise your children,...
2019 has been a challenging year. There was a noticeable reduction in house transactions during much of that time. Consumer confidence seemed to be down. Nevertheless, our focus has been on continuing to provide a wide range of legal services at affordable prices.Earlier in the year, we held a serie...
Complying with the Healthy Homes StandardsBy Kate Brady. Kate is an Associate of our firm specialising in Property Law.If you own rental properties, you will likely have heard that you are now subject to more stringent requirements as a landlord. We therefore thought it prudent to outline the new o...
“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 was held that a de facto relationship did not exis...
The need for disclosure when listing with an Agent By Angus Campbell. Angus is a Solicitor at our Papakura office specialising in Property Law. When looking at a real estate advertisement, it is obvious that you are being shown what the sellers want you to see; the best aspects of the property. H...
“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 solemnisation of that marriage or entry into that civi...
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 elect the bring a relationship property cla...
Understanding the differences By Sean Lennon. Sean is a lawyer at our Papakura office specialising in Business Law. We regularly see clients confused as to lease agreements and tenancy agreements as being the same document. They are similar as both involve a tenant and landlord agreeing to...