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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
Making a will is an important rite of passage into adulthood. Over time, a person’s will may be up-dated to reflect changing cirucmstances or allegiances. Some people write their own wills, more commonly a lawyer is engaged to draft the will. The difficulty with a will of course is that by its very nature it is only operative when the … Continue reading
Testamentary trusts are the most common form of trust in existence. A new pages has been added to this blog to consider and comment on issues and matters peculiar to wills and testatmentary trusts. See Wills and testamentary trusts
Two recent cases have highlighted the importance of ensuring that any person who disposes of assets onto trust should update their will to reflect the disposition, and if relevant link to the trust. In one case the fact that assets purported to be bequested by will had previously been transferred to a trust was used in … Continue reading
Matters of Trust 