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Family Trusts and Estate Planning

Regularly Check Your Will – Why it’s So Important

We often hear a sigh of relief when a client signs their Will. The assumption of course is “Ok great – that’s over and done with”. No need to think about it again. Unfortunately, that is just not the case. A Will is not something to write and forget. It should be reviewed regularly, especially

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Family Trusts and Estate Planning

Clarification of Trust Powers and Relationship Property

The Supreme Court’s recent decision in Cooper v Pinney [2024] NZSC 181 (“Cooper”) has clarified the extent to which trust powers may be considered relationship property under the Property (Relationships) Act 1976 (PRA), refining the scope of its earlier landmark ruling in Clayton v Clayton [2016] NZSC 29 (“Clayton”). THE DIFFERENCES BETWEEN CLAYTON AND COOPER

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Family Trusts and Estate Planning

Understanding the Trustee Duties Under New Zealand’s Trusts Act 2019

The Trusts Act 2019 outlines two types of trustee duties: compulsory and default. It’s essential for trustees and beneficiaries to understand these responsibilities to ensure the trust functions as intended and complies with the law. COMPULSORY DUTIES The mandatory duties, which cannot be changed or excluded, are foundational to trust management. They ensure that trustees:

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Family Trusts and Estate Planning

Practical steps to avoid financial difficulties after the death of a partner or spouse

The death of a partner or spouse is an emotionally challenging time, often compounded by the practical difficulties of managing finances and paying for expenses. Understanding how joint accounts work and the requirements of obtaining probate can help streamline financial matters during such times. In running a busy Estates practice, we often see things happening

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Family Trusts and Estate Planning

Should You Make a New Will if You and Your Spouse Separate?

If you are a client, it is likely that you will have heard from us about why you should have a Will. Sometimes changes to your life or family circumstances require a revision to the Will and this can be overlooked. It is not at all surprising that this can happen as the types of

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Family Trusts and Estate Planning

Change to Trustee Tax rate – is a Trust still useful?

The Government announced a proposed increase of the trustee tax rate (from 33% to 39%) in Budget 2023. This change, due to take effect from 1 April 2024, would set the rate at which trustee income is taxed at the same as the top individual tax rate. The intention here is to prevent taxpayers from

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Merry Christmas

We shut on the 20th of December and re-open again on the 13th of January 2025

Compliments of the season to you also and we hope you enjoy a relaxing break.