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Writing a will is in large part a leap of faith. The will-maker’s wishes may be clear and objectively reasonable, for example providing for a spouse or partner on the expectation that children will be provided for when the surviving spouse or partner dies. However, if on or more of the children are unhappy with the … Continue reading
Death and taxes are often cited as the only certainties. While these can be prepared for, sometimes, things change. Even where a sensibly drafted will is in place, circumstances that might not have been foreseen can arise. Sometimes at a time where the will-maker can no longer intervene. Where the issue relates to the appointment of … Continue reading
Discretionary family trusts can last, at present, for up to 80 years. While the Law Commission has suggested this should be extended to 150 years, in many circumstances just 80 years is too much. Trusts take management and prospective planning, and sometimes good management means making practical decisions that people might not like. It also means … Continue reading
The importance of getting wills right is obvious given that at some point, it will be the will-maker’s last words. However, it may not be well appreicated that the Wills Act 2007 contains a section allowing wills that otherwise do not meet the required formalities can be declared valid by the High Court. Since the … Continue reading
You can imagine it can’t you? Your client has died and so you get the will from deeds. You prepare the probate application and attend on your client’s surviving spouse. You talk gently about the loss. The probate documents are ready for submitting and then you happen to notice that the survivor’s signature is very … Continue reading
It is not uncommon for discretionary trusts to varied with the assistance of the court, which is provided for in the Trustee Act 1956 (s 64, 64A). However, the recent decision in the Matter of the Estates of Earl and Beverley Stick highlights the fact that s 64A can also be used to vary will trusts … Continue reading
In the civil jurisdiction, costs generally follow the event. That is, the loser pays the winner’s costs. However, there are exceptions to this. In the context of probate applications, the general rules of costs will not necessarily apply where: the litigation arises due to the will-maker’s fault due to the state of the will-maker’s final … Continue reading
Will trusts or testamentary trusts are the most common form of trusts. In this regard, your will is literally your last word. However, an extraordinary number of New Zealanders do not have a will. If you die intestate (legal speak for no will) your estate is distributed in accordance with the relevant formula in the … Continue reading
Will-making in the context of blended families can entail complicated balancing acts as will-makers attempt to address the needs and expectations of children born to an earlier spouse or partner as well as the needs and expectations of a subsequent spouse or partner. Add a trust into the mix and asset and estate planning that might have been presumed … Continue reading
An extraordinary number of wills seem to be being put to the court for correction of late. In the recent case of Re Estate Valerie Cliff Bryce a will containing a series of clerical and arithmetic errors was corrected by order of the court. However, the case serves to highlight concern over the number of … Continue reading
Matters of Trust 