Category Archives: Trusts & Estates Law

Law Commission Trusts Paper – the Preferred Approach


Readers may be interested in the Law Commission’s “Review of the Law of Trusts – Preferred Approach”, including all the Issues papers circulated amongst the legal profession and other interested parties over the last few years. As it weighs in … Continue reading

Posted in Banking & Finance, Business Law, Commercial Property, Litigation, Property Law, Residential property, Trusts & Estates Law | Tagged , , | 5 Comments

Part of the history of Trust Busting (and a few comments on the Petricevic cases)


An interesting albeit short article in the NZ Herald this morn commenting on the Statute of Uses…an attempt by King Henry the VIII to stop wealthy landowners transferring their land to a tax exempt organisation (typically the church) but reserving … Continue reading

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Business Agreements: Say What You Mean and Mean What You Say


A timely article in the blog of Californian lawyers Albertson & Davidson on lawyers as “insurance” for business. Drafting agreements is specialist work, and easy to get wrong the longer and more complex they get.  The only real panacea is … Continue reading

Posted in Banking & Finance, Business Law, Construction Law, Employment Law, Family & Relationships Law, Property Law, Residential property, Trusts & Estates Law | Tagged , , , | Leave a comment

Sham Trusts in New Zealand


This is a topic that worries many New Zealanders under financial stress, and the more they have treated their family trust as an extension of their personal bank account, or have simply not been able to keep up with the … Continue reading

Posted in Banking & Finance, Business Law, Family & Relationships Law, Property Law, Trusts & Estates Law | Tagged , , | 10 Comments

Gift Duty – Creditors vs Insolvent Gifters


As a follow-up to the “Gift till you drop?” post, I would like to recommend the recent NZ Lawyer article by barrister Josh McBride of Dryden Chambers in Auckland. Josh’s article covers possible avenues of attack by creditors against insolvent … Continue reading

Posted in Business Law, Family & Relationships Law, Property Law, Trusts & Estates Law | Tagged , , , , , | 1 Comment

GIFT TILL YOU DROP?


Many of you will be familiar with the yearly forgiveness of part of the debt owed by a family trust to you.  For a long time now this has been carried out at the rate of $27,000 per year per … Continue reading

Posted in Banking & Finance, Business Law, Family & Relationships Law, Property Law, Trusts & Estates Law | Tagged , , , | 1 Comment