Trusts, wills and estates

 

Header Trusts

We've been helping individuals and families structure their financial affairs and protect their assets for almost 80 years.

Succession planning is something that we all need to do. It can sometimes be a difficult issue to consider but our estate planning specialists are used to dealing with it in a sensitive way to ensure that your wishes are properly recorded and carried out.

This area of law also includes family trusts, which in appropriate circumstances can be a powerful tool to allow people to structure their affairs in a private, flexible and secure way. Despite recent legislative changes, trusts remain an important feature of New Zealand's legal landscape and will continue to be so.

Trusts

There are many aspects to this area of the law, from setting up a trust, managing the trust assets properly, ensuring valid trustee decisions are made, and dealing with trustee and beneficiary disputes if they arise.

If you need a trust lawyer, our team can assist on all aspects of trust work including:

  • Advising on the use of trusts as a vehicle for asset protection and succession planning
  • Preparing your trust deed and associated documents
  • Administration of your trust
  • Variations, re-settlements and interpretation of trust deeds
  • Advising on duties of trustees and rights of beneficiaries
  • Managing disputes and conducting litigation involving trusts

Wills

Our experienced and knowledgeable team can assist in advising you and drafting your will.

Our will experts will meet with you, discuss your assets and liabilities, and ensure you are fully informed of your legal rights and responsibilities. We will then draft a will for your approval and, once signed, hold it in our secure deeds area (if you wish) for safe keeping.

We can:

  • Draft your will or amend your existing will
  • Prepare mirror or mutual wills with your spouse or partner as appropriate
  • Discuss possible claims that could be made against your estate, and how this may affect what is in your will
  • Apply to the court for validation of an informal or non-compliant will under the Wills Act 2007

Estate administration

After death, your estate (assets and liabilities) is dealt with according to your will, if you have one, and executors that you have appointed will distribute your property in accordance with your written directions. We can advise and assist the executors in the administration of your estate, including making the High Court application for approval of your will, identifying the assets, paying the liabilities and ultimately distributing your estate to your beneficiaries.

Sometimes a will is challenged by individuals who believe they are entitled to funds from your estate, or a greater portion than you have left to them in your will. Our litigation team has considerable experience in both defending and bringing these claims.

Our Trusts, wills and estates Team