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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 friend, family member or client who does n...
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 of the assets in the Estate. Where the value is less th...
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 (...
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 him, then providing equally for his son A and hi...
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 a Will but never signed it. N had adult...
Trustees’ Obligations & Breach of Trust with Power of AttorneyA recent High Court decision considered a claim for breach of trust in the context of the use of a General Power of Attorney by a Trustee. A Trustee had made a capital distribution to himself by use of a Power of Attorney on behalf...
Their roles and responsibilities.All of us should have a Will. Having a Will ensures that our wishes regarding our property and how that property is treated after our death is clearly set out for our loved ones. A key part of making a Will is to consider who to appoint as our personal representative...
Irrespective of age or marital status it is highly recommended you have Enduring Powers of Attorney. For many, the last thing that you would want, in the event of your having a serious accident or health issue where you lost legal capacity (the ability to make and foresee the consequences of decisio...
The Employment Court has recently imposed a penalty of $7,500 on Sky City Management Limited (“Sky City”) having found Sky City to have breached a confidential settlement agreement signed by a mediator in accordance with the provisions of the Employment Relations Act 2000.Factual BackgroundSky C...
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 employee from bringing a personal grievance in respect of...