Having a will in place is essential for everyone. It provides certainty about how your assets are ultimately handled and who will receive them.

If you die without a will, your assets are distributed in accordance with a statutory regime. Having someone appointed to administer this statutory formula can be an expensive and lengthy process.

If a will has been prepared without up-to-date legal advice relevant to your personal circumstances, the risk is that your estate is challenged after your death -  a dispute situation which is distressing and costly for those left behind.

An enduring power of attorney is a legal document appointing someone to make decisions on your behalf or sign documents for you.

There are two forms of enduring powers of attorney:

Property – gives legal authority to your attorney to deal with all aspects of your property: land, finance (bank accounts and investments), vehicles, insurance etc.

Personal Care and Welfare – gives legal authority to your attorney to make decisions on your behalf when you are incapacitated or unable to make decisions yourself. These include decisions about your medical treatment and healthcare, where you live, and arrangements for your care.

A general power of attorney has effect only while you have mental capacity and in relation to property, while enduring powers of attorney can continue to have effect once you have lost mental capacity.

Our team can discuss the options available to you, provide advice on the special conditions you might choose to include, and can attend to the formal advice and witnessing requirements.

We work with clients to manage and structure trusts to help ensure protection for their families and/or inter-generational assets for the benefit of those who you want to provide for – now and into the future.

If you have a Family Trust already and don’t quite understand how it works, we offer pragmatic advice to administer, review, possibly streamline your trust, or advise whether another structure might be an option.

For family members or “second-generation” trustees we advise and can work with an expanded group of beneficiaries as to how the structure works for them.

We work with clients and families to tailor how to transition wealth between generations. Common examples include the family farm, businesses or general family wealth. These can involve different structures, generally with a long-term perspective in mind. Succession planning is bespoke: there is no “one-size fits all” approach to individual, family, generational or personal circumstances. Succession planning may not always be about the money – it may be the legacy you want to leave behind to family, close ones, or for charity or philanthropic organisations.

Families are important and parents often want to help their children out in one way or another. Often this involves a loan or gift or some other kind of financial assistance. How this personal financing  to children or a wider family circle  takes place should be carefully thought through and examined to avoid any number of potential pitfalls. A common example is providing a gift to a child which gives rise to a relationship property claim not contemplated at the time of “wanting to help”.

Whether it be purchasing property with one child or more, lending or gifting money, or helping children out in business, we work with our clients to advise on the proposal then formulate a plan to identify financial implications and avoid risks and execute the plan accordingly.

Residential care requirements for the elderly are increasing, as are the costs of providing these services. The overarching government policy is that people should pay for their own care. However, there are subsidies to assist with the financial costs for individuals (and their families).

The paperwork involved with the residential care application is extensive, often bewildering, and stressful. Then there is the additional correspondence, questions, and requests for more information. Sometimes financial records going back many years need to be provided as part of the application process.

We can work with clients and assist them with getting this correct – and, most importantly, getting the relevant information to the Ministry and see their application through to success.

We understand working through estate administration can be difficult after a loved one has passed away. We are here to support clients through the legalities of administering an estate.

This requires executors and trustees obtaining the authority to deal with the assets while also identifying the deceased’s property and assets for  distribution.

We work with family members, partners, spouses, and children to assist them through the legalities and documents associated with obtaining legal authority to administer a deceased's assets.