What can grandparents do if they are denied access to their grandchildren? If you have attempted to resolve the situation through a calm discussion with the parents and have been unable to reach some sort of agreement, the next step would be mediation through an FDR (Family Dispute Resolution) provider. If mediation is … [Read more...]
Sharing your inheritance
Q: Do you have to share your inheritance with your spouse? A: No, you are not legally obliged to share your inheritance. However, if you wish to keep it separate from your relationship property (to ensure that it can’t be claimed by your spouse or partner in the event of a separation or death), it is necessary to deal … [Read more...]
How to resolve a shared driveway dispute
Shared driveways are notorious for their ability to cause arguments between neighbours. Perhaps your neighbour is obstructing the driveway by leaving a parked car or rubbish bin on it or maybe they are refusing to pay for their share of maintenance costs. Whatever the problem is, it’s crucial to understand how your … [Read more...]
Updating your Will
Q: Does your Will need to be updated when you get married or divorced? A: Yes, your Will should be updated in either of these circumstances. If you make a Will before getting married, it is automatically revoked upon marriage unless it expressly states that it was made in contemplation of marriage. Therefore, you will … [Read more...]
De facto relationships
When does a relationship qualify as de facto? If you live with your partner, your relationship is legally considered a de facto relationship from a general perspective. However, the exact definition of a de facto relationship varies depending on why the relationship is being categorised. For example, if you’re applying … [Read more...]
Should you engage a lawyer before signing a Sale and Purchase Agreement?
Buying a house can be an incredibly exciting time and it’s easy to get carried away, signing on the dotted line and putting in an offer before you’ve had a chance to seek legal advice. However, you should always check in with your lawyer before signing a Sale and Purchase Agreement. Many buyers make the mistake of signing … [Read more...]
Inheritance of debt
If you pass away with unpaid bills, will your children inherit the debt? Any joint debts (for example, a credit card or mortgage held under two or more names) will remain valid when you die and the other joint owner(s) will be liable for the debt. If there is debt in your name only, your children and other family members … [Read more...]
Annual leave over Christmas
Q: Can your employer force you to take annual leave if the business is closed over Christmas? A: Yes, your employer is entitled to tell you when to take leave, as long as they provide at least two weeks’ notice. If your workplace shuts down over summer, your employer can make you take your annual leave at this time, … [Read more...]
When is the best time to make a Will?
Many people assume that they don’t need to think about making a Will until they are ill or elderly. In reality, this is not the case at all. There are numerous advantages to having a Will, even if you only possess modest assets such as a KiwiSaver account, so we generally recommend making a Will as soon as possible once … [Read more...]
Appointing a guardian
Q: I want to make sure my child would be looked after by the right person if I died. How can I ensure this happens? A: The best way to make sure your wishes are carried out is to appoint a testamentary guardian in your Will. As long as this person is at least 20 years old at the time of your death, they will automatically … [Read more...]