A trustee can refuse to give you trust information, but only after genuinely weighing the factors set out in section 53 of the Trusts Act 2019 and only where withholding is reasonable in the circumstances. The Act starts from the opposite position, presuming that basic trust information goes to every beneficiary and that requested trust… Continue reading Can a Trustee Refuse to Give You Trust Information?
Estates & Trusts
Breach of Trust: A Beneficiary’s Options and Remedies
When a trustee breaches a trust in New Zealand, a beneficiary can ask the High Court for remedies that include equitable compensation to restore the trust fund, an account of profits to strip the trustee of any gain, removal of the trustee, and court directions to correct how the trust is run. The remedy that… Continue reading Breach of Trust: A Beneficiary’s Options and Remedies
Who Can Contest a Will In NZ?
When someone passes away, their will outlines how their assets should be distributed. However, not everyone named in a will may agree with its terms, and in some cases, people who feel they’ve been unfairly excluded may want to challenge it. Understanding who has the legal right to contest a will in New Zealand is… Continue reading Who Can Contest a Will In NZ?
What is the New Zealand Administration Act 1969?
The Administration Act 1969 is a key piece of legislation in New Zealand that governs how a deceased person’s estate is managed and distributed. This article explains the main provisions of the Act, how it affects estate administration, and what you need to know if you’re involved in managing or receiving assets from an estate… Continue reading What is the New Zealand Administration Act 1969?
Common Mistakes That Lead to Will Disputes in New Zealand
A will is meant to bring clarity and peace of mind, yet far too many New Zealand families find themselves locked in bitter disputes after a loved one passes away. What should be a time for grieving instead becomes a battlefield of conflicting claims, hurt feelings, and mounting legal bills. The good news is that… Continue reading Common Mistakes That Lead to Will Disputes in New Zealand
Mediation vs. Litigation in Will Disputes – Which Is Better?
Losing a loved one is difficult enough without the added strain of disagreements over their will and final wishes. Unfortunately, these disagreements can quickly escalate, turning grief into conflict and putting family relationships at risk. When such disagreements arise, the path you choose to resolve them matters just as much as the outcome itself. This… Continue reading Mediation vs. Litigation in Will Disputes – Which Is Better?
Contesting a Will in New Zealand
What does it mean to contest a will? The answer depends on why you are unhappy about it. This article explains the five most common reasons to contest a will in New Zealand: The will-maker failed to make adequate provision for a family member’s proper maintenance and support, in breach of a moral duty to… Continue reading Contesting a Will in New Zealand
Will Contests Between Siblings – Who Gets What?
When a parent passes away, disputes about how the estate is to be divided can arise between their children. Siblings are often unhappy about the share given to them under the will or about the fact they have been cut out entirely. What can be done about this? Are siblings stuck with the terms of… Continue reading Will Contests Between Siblings – Who Gets What?
Transferring Trust Property to New and Continuing Trustees
When a new trustee of a trust is appointed, or an existing trustee retires or is removed, the trust’s property must be transferred from the existing trustee(s) to the continuing and new trustee(s). In other words, the trust property must be divested from the old trustee and vested in the new trustee(s). Nature of Trust… Continue reading Transferring Trust Property to New and Continuing Trustees
Relationship Property on the Death of a Partner or Spouse
When two people are married, civil union partners, or de facto partners, and one spouse or partner dies, the question arises of how to deal with their relationship property. The term “relationship property” is defined in section 8 of the Property (Relationships) Act 1976 (PRA) and includes the family home, family chattels, and other jointly… Continue reading Relationship Property on the Death of a Partner or Spouse