To Trust, or not to Trust?
Have you ever considered establishing your own family trust, but
didn’t know where to start, or if it was even necessary? Dominique
Fourie, a solicitor with AWS Legal, looks at the advantages and
disadvantages of family trusts.
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Estate Administration
When somebody dies, the paperwork involved in 'proving' the Will and
in sorting out the deceased’s property can be daunting for the
family. What's involved?
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Operation of a body corporate and
corporate secretary
If you are looking at buying a unit title or developing a
subdivision involving unit titles, you will need to deal with the
body corporate that will manage your property. This article by Owen
Culliney, a solicitor with Harkness Henry, offers some guidance on
how a body corporate operates. It also outlines the duties of the
body corporate secretary, who carries out the day-to-day operations
of the body corporate.
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Enduring Powers of Attorney. Why you
should sign yours today
In this article Harkness Henry Associate Annette Edwards explains
the law relating to enduring powers of attorney with reference to
the law that came into force on 25 September 2008.
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My House, Your Castle?
While the quarter acre dream may not be a realistic vision any
more for all, the ability of land owners to sit back, and cast a
proprietorial eye over their dominion in some cases remains the
stuff of dreams. To learn that a structure thought to be on or
within the boundary is in fact wrongly placed can be the stuff of
nightmares.
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Autumn leaves – charming feature or
nuisance?
Autumn can be a delightful time of year, bringing a crispness to the
air, not to mention the beautiful and ever-changing colours of the
leaves of our neighbours' deciduous trees. But what if the leaves
block our gutters, turn our paths into a hazard, or generally appear
unsightly? Can anything be done? Fortunately, yes!
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Estate Administration
When somebody dies, the paperwork involved in 'proving' the Will and
in sorting out the deceased’s property can be daunting for the
family. What's involved?
Read More »
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Relationship Property - Contracting
Out Agreements
Increasingly New Zealanders are becoming more alert to the
implications of the Property (Relationships) Act 1976 (“the Act”)
and are seeking legal advice about the preservation of their
hard-earned property. This article examines the "whos", "whys" and "whats"
of contracting out (or "pre-nuptial") agreements.
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Subdivision, infill housing and
restrictive covenants
Back in the era of the quarter-acre pavlova paradise, there was no
such thing as infill housing. Pretty much everyone owned their
standard sized section with a "freehold title", which meant that
your land was yours to do what you liked with. If you wanted to
build a shed, put an extra story on your house, or knock up a three
story apartment block, it was never a problem. Increasingly,
however, we are seeing more and more infill housing, as owners of
standard sized sections cross-lease or subdivide and build an extra
house on the land. This article examines a hypothetical situation in
light of the recent release by the Wellington City Council of a
discussion document on infill housing, together with a couple of
recent cases about restrictive covenants, and asks whether a
combination of the two might help those who wish to restrict infill
housing in their area in the future.
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A Guide to Family Trusts
One of the few certainties in life is change. Although change can be
exciting, it can also create significant financial risks for you and
your family. Establishing a family trust can help to protect you and
your family from these financial risks. The aim of this booklet is
to provide you with the information you need to make when deciding
(a) whether establishing a family trust is appropriate for you and
your family; (b) how to establish your own family trust; and (c) how
to administer your family trust after you have set it up.
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The mysteries of bodies corporate: A
Guide to the rights and responsibilities of apartment ownership -
Auckland Regional Council
Moving into an appartment, terraced house or some other higher
density form of housing can be a major change after a traditional
house. But living in an apartment is appealing to an increasingly
wide section of the community for a variety of reasons. This Guide
recognises that many owners of apartments or townhouses don't
understand how their body corporate works or how to make it work for
them. It is an easy to read introduction to bodies corporate, and
will help owners and prospective owners to get the best from their
lifestyle and investment.
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The Problem with Unit Titles
Apartment or townhouse living brings together people from a variety
of backgrounds and circumstances who have little in common save for
their address. The widely differing circumstances of owners within
such developments can result in tension and conflict when there is a
problem with the building they share ownership in.
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Farm Succession - Don't Delay
Farmers are certainly talking about farm succession plans and do
realise it is an important part of the farm decision-making, but
many are only doing the talking. In this article, Aaron Drake - a
partner with the Invercargill Lawlink firm of AWS Legal,
specialising in rural law - reiterates the importance of planning
for the future, and reminds us how important it is to go beyond
simply planning and actually implement the succession plan.
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Trusts - The Paperwork is Crucial!
Trusts are a popular choice for people who are concerned about
protecting their assets for themselves and for their children.
However, the formation of a trust by the execution of a trust deed
and transfer of assets to the trust is only the start. A successful
trust is one that is regularly monitored by the trustees and where
there is a clear paper trail evidencing the ongoing administration
of the trust by the trustees.
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