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As part of Budget 2013 the Government has announced extra funding for residential care subsidies over the next four years. See: http://beehive.govt.nz/release/budget-2013-70-million-extra-aged-care-and-dementia
Powers of attorney are regularly granted so that one person can act on another person’s behalf. The granting of power to an attorney can facilitate transactions and represent a practical solution in many personal and business situations. However, the granting of unfettered power can be abused. The recent decison in Lines v Pikia provides a … Continue reading
There was a little story in the Herald today. Well a little story, but some interesting numbers. The story was about former National Bank personal manager Mr Cooper who admitted 41 criminal offences that related to the theft of nearly $1milllion (a reasonably big number) and some related money laundering. The theft happened over a period … Continue reading
I enjoyed a spirited discussion tonight regarding the role of trustee and whether it is sufficient for one of a number of trustees to manage the trust and make all decisions regarding distributions provided that reports were made to the other trustee. Given the duties of management and accouting that trustees have and the obligations … Continue reading
Previous blogs have chronicled the lamentable mess that results when trusts settled to benefit parties and their children become deadlocked when the same parties fall out of favour with each other. So what are the parties to do when they remain unwilling co-trustees after the love has gone? One option is to seek the assistance … Continue reading
The discussions around entitlements to a residential care subsidy increasingly take on the status of urban myths. Ayres Legal is presenting a seminar with plain English advise regarding the effect gifts to trusts and other matters have regarding entitlements to residential care subsidies. The seminar will be held on 16 April at the Epsom Community Centre. To … Continue reading
The recent decision in Selkirk v McIntyre raises the largely unappreciated issue regarding the extent to which a trustee can make recovery from a co-trustee on account of liability that has been incurred by the trustee. The case also addresses (once and for all might be an optimistic assessment) whether the fact that a co-trustee … Continue reading
The recent High Court decision in Clayton v Clayton has been appealed and cross-appealed. Leave has also been given for certain appeals to be made out of time. The appeal will be heard on 14 July 2014. In the meantime, Mrs Clayton has served a bankruptcy notice on her former husband in respect of costs … Continue reading
A number of large international businesses are getting some heat at the moment on account of the ostensibly minimal amounts of tax being paid, a problem referred to as the BEPS (base erosion and profit shifting). The issue relates to how existing tax rules in different tax jurisdictions allow taxable profits to be allocated to locations beyond where the … Continue reading
I reviewed a couple of trust deeds today. Nothing unusual, it’s what I do. For the record when reviewing a deed of trust I start of with my trust review check list and I finish off with a summation of what I feel. While the check list elements are helpful in highlighting drafting errors and shaping my … Continue reading
Matters of Trust 