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“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” client presentations for...
MAJOR REFORM TO TRUST LAW Overview of key changes On 30 January 2021, the Trusts Act 2019 will come into force. The Act is the most significant change to the law relating to trusts since the enactment of the Trustee Act 1956, some 65 years ago. Amongst its stated objectives, the Act is int...
The Role Of An Executor The process for the discharge or removal of an executor of a WillAn executor of a Will is a person appointed by the Will-maker to administer his or her estate. The duties of an executor are:To administer the estate in accordance with the terms of the Will; To remain neutr...
Police And The “Implied Licence” To Enter Private Property Under the Land Transport Act, police officers have the power to enter private property, by force if necessary, for the purposes of carrying out breath testing procedures in certain specific circumstances where they are in fresh pursui...
“Force Majeure”, Frustration Of Contract And Covid-19 Issues “Force majeure” is a French term that is commonly inserted into commercial contracts to cover a wide variety of unexpected circumstances. The term equates to the phrase – “Act of God”. If an event is beyond human control, it...
Misrepresentations In A Commercial Context Considering an important recent case The Court of Appeal judgement in CA Bushline Trustees Ltd v ANZ Bank NZ Ltd contains some useful guidelines for how the Courts are dealing with claims where there are allegations of misrepresentations that induced a pa...
The Risks With Bankruptcy It is always a difficult time when you find that you are earning 99c but regularly spending $1.00. If you cannot turn the position around, personal bankruptcy being declared against you looms as a real consequence. Filing for bankruptcy itself is the most serious alternat...
Every year we provide a series of free seminars on a range of topics.We have no seminars scheduled at the moment. Some recent seminars:...
When buying a property, one of the things you need to know is whether there are any easements that may affect the title to the property. So, what is an easement?An easement is a legal right created by an instrument registered on the title granting another landowner or perhaps a utility company the r...
What to be aware of Land covenants are registered on the Title to a property by way of an instrument. They create rights and impose obligations on the owner of the property, and in many cases on the owners of the surrounding properties. Land covenants run with the land and therefore stay register...