Claims on an estate

How much can a disinherited child expect?

The Family Protection Act 1955 allows children to bring claims against the estate of a deceased parent on the basis that their parent did not adequately provide for their 'proper maintenance and support'. Exactly what constitutes 'proper maintenance and support' is the subject of considerable litigation, as well as extensive commentary in the media.  Read more…

Enduring powers of attorney

How many people should you name as attorneys?

In previous articles in Trust eSpeaking, we have explained why it is important to have an enduring power of attorney (EPA) and the problems that can be created if you do not have one when the need arises. You should have two EPAs – one for property, and the other for personal care and welfare.  Read more…

Succession law in New Zealand

Law Commission to review conflicting inheritance laws

In late 2019 the Law Commission reported back to the government on its review of the Property (Relationships) Act 1976 (PRA). Discussion on Part 8 of the PRA that deals with the division of relationship property on the death of a spouse or partner was specifically excluded from the scope of that review.  Read more…

Trusts Act 2019

The new Trusts Act 2019 will come into effect on 30 January 2021. Much of the Act updates or restates law that exists already, either in statute or in case law. There are, however, a number of changes about which trustees and settlors should be aware.

The Act contains 'mandatory' and 'default' duties for trustees.  Read more…

Accessing the Assets of a Trust

What the future may hold for separating couples with a trust

When a marriage, civil union or de facto relationship breaks down, the couple will usually divide their property according to the Property (Relationships) Act 1976 (the PRA). However, these two people often hold property in a trust rather than personally.  Read more…

The Bank of Mum and Dad

Helping your children – with care

Contributions by family members to the purchase of a property and how this is recorded can affect property ownership. We discuss how you can help your children and, at the same time, lessen the risks to you as parents.

New Zealand houses have never been more unaffordable: in the 1950s to 1980s a house cost two to three times the average household income. In the 1990s it was four times the average, and by the 2000s it was up to six times the average household income. When you add in the fact that households are now far more likely to have two incomes (compared with the single income norm of the 1950s), housing looks even less affordable.  Read more…

Downie Stewart Lawyers Dunedin 8th Level, 265 Princes St, Dunedin, 9016 03-477 2263
PO Box 1345, Dunedin 9054 |  Fax: 03 477 4021  |  E: info@downiestewart.co.nz