Protection of Property Rights Act and mental incapability
What happens when a family member becomes mentally incapable through injury or illness and there is no enduring power of attorney in place?
What if my child is born with an intellectual disability and they are unable to care for themselves and sort their own finances when they are an adult?
You may be able to apply to the Family Court for appointment as a welfare guardian and/or property manager.
Significant Changes to Trust Law
A new Trusts Act 2019 will come into effect in January 2021 and will be the most comprehensive overhaul of New Zealand’s Trust law in more than 60 years.
A significant number of our clients have Family Trusts and there is now a window of opportunity of 14 months to review these Trusts.
When There's a Will There's a Way
This is a classic example of why wills should be prepared by lawyers, who can give proper legal advice and independent oversight.
A deceased woman’s so called ‘interim will’ was recently ruled invalid by the High Court. The document was prepared by her church in an effort to secure her assets for itself, with no regard to her adopted children.
What happened when Bob died without a Will
If you pass away leaving no will and your main asset, the family home, is in your sole name, this can result in your loved ones not receiving the assets you wish them to have or to be able to lead the life after your passing that you wish them to have and can cause hardship.
What happens if there is no Will?
If you pass away and have not executed a valid will, then depending on the value of your assets that you own in your sole name (not assets held jointly with another) your next of kin will need to apply to the High Court pursuant to the Administration Act 1969 for Letters of Administration to deal with your property after your death.
