Publications

We produce a range of articles, legal publications and resources on a wide range of legal subjects and hot topics critical to our clients needs. These include briefings on key legal issues, newsletters on practice areas and industry developments via the below headings.

Separation and death law changes coming but are years away   

The Government has responded to the Law Commission’s proposed changes for both relationship property and succession law, saying its work to update the laws will take years. Under the Law Commission’s relationship property recommendations, it has called for a replacement to the Property More »

Trusts: when is a loan really a distribution?

Loans to beneficiaries are often made without proper consideration as to whether the powers being exercised will affect the preservation of trust assets or how these will affect any benefits to beneficiaries. Recording a payment to a beneficiary as a loan does not conclusively make it so, and such More »

Most important changes in the Trusts Act in 70 years

The Trusts Act 2019 (the Act ) came into force on 30 January 2021, being the first major trust law reform in New Zealand in 70 years. The Act, which is aimed at making trust law more accessible, increases the obligations of trustees and strengthens the ability of beneficiaries to hold trustees to More »

Video: Trusts Act 2019

Click here to view partner Hamish Walker, senior associate Kate Mitchell and senior associate Alysha Hinton discuss the new Trusts Act, which comes into force on 30 January 2021. They will address whether you still need a trust, what your obligations are, beneficiary information and next steps. For More »

A new Trusts Act

The Trusts Bill has passed its third reading in Parliament and is shortly to receive royal assent, the final stage of a comprehensive overhaul of New Zealand’s trust law that began more than ten years ago. The Trusts Act will replace the Trustee Act 1956 with the purpose of making the law More »

Under what circumstances should you form a trust

There are a number of circumstances under which you should consider forming a trust. Some of the common purposes of a trust, and the structures utilised, will be discussed in this article. A trust is managed by trustees who are appointed by the creator of the trust (called the settlor(s)). Trustees More »

The importance of wills and enduring powers of attorney

Having enduring powers of attorney (EPAs) and a will in place is important for every adult whatever their age. A will is a legal document that lets you decide how you want your property, care for your dependants (partner, children etc.) and your body to be dealt with after you die. EPAs allow you More »

Update on the Trusts Bill

Ten years after the Law Commission commenced its comprehensive review of trust law, the new legislation is almost here. Parliament has just completed the second reading of the Trusts Bill, and has recommended that it be passed. It is estimated that there are between 300,000 and 500,000 trusts in More »

Executors’ duty to advise family members of a person’s death

When should Executors advise family members about a person’s death or their right to bring a claim against an Estate under the Family Protection Act? That is a difficult question, and one that can sometimes arise during administration. After all, it is not unusual for clients to remove family More »

Trusts Bill progressing in Parliament

The Trusts Bill had its first reading in Parliament yesterday and will now progress to Select Committee. Our expectation is the Select Committee process will take around 6 months to complete so the Bill may be passed in the third quarter of 2018. The Bill seeks to clarify and modernise the law in a More »

Another step toward new legislation for trusts

Following the Law Commission's report in 2013 recommending that New Zealand's trust legislation be updated, the Ministry of Justice has released an exposure draft of a new Trusts Bill. The new legislation aims to restate the existing law, while providing clarity and updating the language. More »

Charitable trusts – what you need to know

If you are thinking about establishing a charitable trust to promote a cause that you support, it’s important to start with the fundamentals. You will need to consider: Why you want to set up a charitable trust; Who or what the Trust is going to benefit; What activities the Trust is likely to More »