Contesting a Will?
Shared by the approachable lawyers at Auckland law firm Quay Law. Ph 09 523 2408.
By general definition, a will contest, in the law of property, is a formal objection raised against the validity of a will, based on the contention that the will does not reflect the actual intent of the testator (the party who made the will).
As a starting point there are usually a few common legal grounds used to challenge a will.
Family Protection Act Claim: This is where close relatives of the deceased can challenge a will if they consider that the will-maker had a moral duty to have made greater provision for them in their last will and testament.
Testamentary Promises Act Claim: This is where someone claims that they had provided significant services to the deceased, relying on a promise that they would be rewarded in the last will and testament.
Property Relationship Act Claim: In this situation a surviving partner/spouse has to decide whether to accept the provision made for them under the deceased’s last will and testament or challenge the will in the New Zealand court.
The legal documents typically associated with this type of claim are: contracting out agreements, family trusts, LAQCs and other legal structures set in place during the deceased’s life.
Whilst claims typically fall into the areas or categories above, let us take a moment to reflect on the more common causes of disputes over an estate or a will: -
1. There is no will at all;
2. The final will is invalid;
3. A party believes the will is grossly unfair; or
4. The final will is contradictory to our New Zealand legislation.
As the elements and situational facts, involved with the contesting of a will are varied and each situation is unique we recommend that you take professional legal advice prior to making any such challenge.
Our approachable Auckland lawyers are able to assist you and guide you in this process . For more information please contact your Auckland law firm Quay Law.
Posted by Auckland Law Firm, Quay Law on 04/05/2013
Administering a Trust
Shared by the team at Auckland law firm – Quay Law NZ
Why do you need your trust to be properly administered and how do you do just that?
Once your trust has been established it is very important that it is administered correctly. Your trust was established with the objective of separating ownership of your family’s assets from you personally.
As Trustees you can go a long way to avoiding a successful sham Trust allegation being made out if you undertake an Annual General Meeting.
During this meeting a schedule of assets and liabilities of the Trust should be completely analysed. The needs of the beneficiaries of the trust should be reviewed and should any maintenance be required on any of the Trust assets, these should be listed along with who will be instructed to carry out such a maintenance program. But most importantly, this meeting should be minuted with a copy of the minutes dated and signed by all Trustees. The trust should meet its income tax obligations such as filing a tax return if the trust receives any income
Who could bring about such a challenge? Such a challenge could be made by a business creditor, relationship partner, the IRD or Work and Income New Zealand. If such a challenge is successful then the trust assets could be treated as your own personal assets and the benefits available through the trust structure will be lost.
To call Auckland law firm Quay Law to arrange your Annual General Meeting for your Trust or for general Trust and Family Trust advice. (09- 5232408)
The legal tips are provided by the Auckland lawyers and conveyancing specialists at Quay Law NZ. These law tips cover a range of legal topics and cover all legal matters from estate planning, to wills and estate administration, tax and IRD matters, residential and commercial conveyancing and property law, family trusts. social media law, leasehold properties, commercial leasing and much more. Although the law firm is situated in the Auckland suburb of Remuera we are able to support clients overseas and across New Zealand.
Posted by Auckland Law Firm, Quay Law on 30/04/2013
Conveyancing is the term used to describe the legal work required to transfer the ownership of real estate from one person or entity to another.
As discussed in previous updates, a contract for sale and purchase is a legally binding document and (in general) you cannot simply change your mind once a contract is signed unless there are special conditions. It is advisable to consult with your property lawyer prior to signing the agreement however it should be noted that on the fall of the hammer at a property auction the agreement becomes an unconditional legal agreement.
Approaching your experienced lawyer and conveyancer for legal advice before signing any documentation is the best way to ensure that your interests are protected. Please see our lawyer’s article on the conveyancing and property transfer process for some general property transfer and conveyancing information.
Our lawyers and conveyancers are able to meet the demand for approachable and affordable legal advice in the areas of Property Law, Commercial Law, Trusts, Wills and other legal services.
For more focused information and to contact our Auckland law firm team for a no obligation discussion please call Quay Law on Ph (09) 5232408.
Posted by Auckland Law Firm, Quay Law on 15/04/2013
Peace of mind comes with a Property Lawyer
For trusts, wills, buying or selling a property, leases, or anything property related see the team at Quay Law or visit to http://www.lawyerinauckland.co.nz/contacts.html
Posted by Auckland Law Firm, Quay Law on 24/03/2013
A property transfer occurs when money or the ownership title on a piece of property, such as a house or parcel of land, changes hands.
Our Quay Law conveyancing lawyers can assist you with your property transfer. We will advise and help you before you buy the property and then give you down to earth and reliable legal services to make sure your house purchase or sale goes smoothly.
Our property lawyers will explain how to avoid the common mistakes. Our conveyancers know that not all property transactions and transfers are the same. Buying an apartment is different to buying a cross lease section or buying a unit title dwelling is different to buying a residential home. Your purchasing legal options can vary as well based on your unique circumstance. Do your require a trust or should you purchase a property using a company as a legal vehicle or entity.
Our Auckland conveyancing team will take care of the detail of your property sale or purchase and give you legal advice that is easy to understand.
To contact an approachable conveyancing lawyer.
Posted by Auckland Law Firm, Quay Law on 18/03/2013
What is a Commercial Contract?
A commercial contract refers to a between parties in which they are obligated to do or not do certain things. Contracts may be written or verbal and drawn up in a formal or informal way. Most businesses create contracts in writing to make the terms of agreement clear, often seeking the services of a solicitor | lawyer when drafting important contracts. Contracts may encompass all aspects of a business, including the sale of a business, the purchase of a business, franchise agreements, hiring of employees or contractors, wages, employee safety, leases of equipment or property and loans.
The list of types of commercial contracts could also be extended to leasing, statutory compliance, contract negotiation and drafting, consumer protection, security documentation, terms of trade, company registrations | incorporations, joint ventures or disputes there is no substitute for quality legal assistance by a lawyer who understands your New Zealand business.
A breach of contract occurs when one of the parties fails to live up to the agreements. In such a case, the law is required to provide a remedy, which may or may not involve the court system enforcing the contract or asking the party to compensate for any damage done by the breach.
For further legal assistance on any commercial | business matter, please contact the friendly team at Auckland law firm Quay Law.
Posted by Net Branding on 27/02/2013
Relationship Property – Contracting Out Agreements.
Relationship property agreements are also known as “section 21 agreements”, “contracting out agreements”, “pre-nups” and “post-nups
Increasingly New Zealanders are becoming more alert to the implications of the Property (Relationships) Act 1976 (“the Act”) and are seeking legal advice from their lawyers about the preservation of their hard-earned property.
Subject to limited exceptions, relationship property includes the family home and all income and assets acquired by either party after the marriage or defacto relationship began.
Who can enter into an agreement?
Section 21 of the Act enables a husband and wife, civil union partners, de facto partners, or two persons in contemplation of entering into a marriage, civil union or de facto relationship to contract out of the provisions of the Act.
For more information on this topic please contact a lawyer at Quay Law.
Posted by Auckland Law Firm, Quay Law on 20/02/2013