August 10, 2017

Your will sets out your instructions on how you want your property, known as your estate, shared out when you die and how you want your dependants, such as your partner or children, to be looked after.

Having a valid will in place when you die can reduce the amount of f...

July 2, 2017

As you probably know, if you are in a relationship of three or more years duration you will be subject to the equal sharing provisions of the Property (Relationships) Act 1976 (unless you enter into a “Contracting Out Agreement” or “Prenup.”) 

This applies to marriages,...

June 18, 2017

Are you leasing the premises from which you run your business? The Landlord may require you to enter into a commercial lease recording the terms on which the premises are leased.

Typically the following details are included in a commercial lease:

  • The name of the land...

June 16, 2017

Many people take comfort in having a will that expresses their final wishes, believing that upon their death the instructions they have set out will be followed.  Therefore, it may come as a surprise to some that your will can be challenged after you die and if success...

June 1, 2017

With the desire to provide for their children long after they are gone, we are often approached by clients wanting to know the “safest way” to give assets to their child without it potentially becoming relationship property.  In a qualifying relationship, relationship...

June 1, 2017

Having a family trust used to be considered the be all and end all for asset protection. For many asset holders, establishing a family trust and transferring their assets meant they lessened the risk of having their wealth consumed by rest home care fees and allowed th...

May 31, 2017

A second mortgage is a loan which is secured by mortgage to the title of a property behind another mortgage (known as the first mortgage). The second mortgage comes second to the first mortgage in priority, meaning that, in the event the mortgagor (the borrower) defaul...

May 31, 2017

A house purchase is often the biggest asset (and debt) a person will take on during their lifetime. Rising house prices in Auckland mean that first home buyers looking for a foot on the property ladder often need to consider alternative options such as purchasing a pro...

May 31, 2017

A dry Summer is a timely reminder to consider the importance of water easements, particularly for rural properties.  

An easement grants a right for the owner of one property to do something on someone else’s property. There are several types of easements including the...

May 31, 2017

A vendor is required to sell a property with vacant possession unless the particulars of the tenancy are included in the agreement for sale and purchase.

Vacant possession includes:

  • Giving title to the property free from any tenancy or right of occupation; and
     

  • ...
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