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What’s left for the “spouse”?

The Property (Relationships) Act 1976 (the PRA) has primary jurisdiction over relationship property.   However, when there is a trust (or trusts) in the mix, the final division of property can  be complicated – and often neither side (nor the settlors or trustees who may be caught in the cross-fire) will consider the end result just … Continue reading

If in doubt – do it, but cover your butt

Mrs Elizabeth Sandman, executed her final will on 2 December 2010 (the 2010 will) and later died on 30 October 2013.  Her estate was subsequently distributed in accordance with that will. Under her will she left her son Mark Sandman the apartment that he occupied. There were also a number of other minor bequests. The … Continue reading

So close to Jasmine you can smell it

CDT 12 Limited v Millar doesn’t answer the Jasmine question, but does raise considerable doubt as to whether Jasmine applies in New Zealand.  For the background to the “Jasmine” issue, see Two trustees go down to the woods … one is discharged, one is not and Exit stage left. Mallon J’s decision on the papers in … Continue reading