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When trustees go rogue – getting trustees to exercise powers for a proper purpose

by Alex McDonald | Nov 8, 2024 | Trust Barrister Auckland

New Zealand in the 1990s and 2000s went through a boom in the creation of family trusts. A big part of it was parents establishing trusts to protect the family home and other assets for their children. Many of those trusts are now coming to fruition as the parents...

What’s mine is mine and what’s yours is mine: Who gets the beach house?

by Alex McDonald | May 2, 2024 | Divorce Property Lawyer, Relationship Property

What’s mine is mine and what’s yours is mine: Who gets the beach house?   by Alex McDonald | May 2, 2024 | Divorce Property Lawyer Most people understand that the family home gets divided equally when couples decide to divorce. But what happens when divorce...

Divorce property disputes: when house prices go up who gets the increased value of separate property?

by Alex McDonald | May 1, 2024 | Divorce Property Lawyer, Relationship Property

DIVORCE PROPERTY DISPUTE: WHEN house prices GO UP, WHO GETS THE increaseD value of separate property? It’s no news to anyone that the value of New Zealand properties rose steeply over the last 20 years, and might lurch upwards again.  In relationship property...

Time Limits for making claims against estates are brutal

by Alex McDonald | Apr 28, 2024 | Estate Litigation Barrister

Time Limits for making claims against estates are brutal by Alex McDonald | Apr 28, 2024 | Estate Litigation Barrister The Family Protection Act 1955 allows children, including biological and estranged children as well as stepchildren who were living with the deceased...

Who gets the dog? … and other divorce property questions answered

by Alex McDonald | Apr 21, 2024 | Divorce Property Lawyer, Relationship Property

Who gets the dog? … and other divorce property questions answered by Alex McDonald | Apr 21, 2024 | Divorce Property Lawyer My husband owned a home before our relationship began. During our relationship we used that home as a rental and used the rent income to pay for...

Getting the real oil: Addleman v Lambie and a beneficiaries’ rights to trust information

by Alex McDonald | Apr 21, 2024 | Trust Barrister Auckland

The case of Addleman v Lambie[1] gave the Court of Appeal an opportunity to apply Erceg[2] to a fresh set of facts. THE FACTS Prudence Addleman and her sister, Annette Jamieson were estranged sisters. They were the only living final beneficiaries of the Lambie Trust...

Selling the Family Home when Mum or Dad has Alzheimer’s

by Alex McDonald | Apr 19, 2024 | Elder Law Lawyer

Selling the Family Home when Mum or Dad has Alzheimer’s by Alex McDonald | Apr 19, 2024 | Elder Law Lawyer It’s the family home. Mum, who has Alzheimer’s, lives there on her own but needs to move to a nursing home and the family home needs to be sold to pay for the...

Trust Litigation 101: The Fundamentals

by Alex McDonald | Apr 15, 2024 | Trust Barrister Auckland

WHAT ARE TRUSTEES? Trustees are the people who are in charge of the money or other property which is the subject of the trust – usually there are two or more trustees but sometimes there is only one. For all trusts, the trustees receive the trust property from someone...

When it’s time to say ‘me too’: family violence, property and protection orders

by Alex McDonald | Apr 14, 2024 | Family Lawyer, Relationship Property

When it’s time to say ‘me too’: family violence, property and protection orders by Alex McDonald | Apr 14, 2024 | Family Lawyer What is family violence? Family violence is often hidden but it affects adults and children across all age groups, ethnicities and...

Dividing Relationship Property After Death

by Alex McDonald | Mar 21, 2024 | Estate Litigation Barrister

Dividing Relationship Property after Death by Alex McDonald | Mar 21, 2024 | Estate Litigation Barrister What can I do if my spouse or partner has died leaving a will that leaves me with nothing or doesn’t adequately provide for me? The most important thing to know...
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Recent Posts

  • When trustees go rogue – getting trustees to exercise powers for a proper purpose
  • What’s mine is mine and what’s yours is mine: Who gets the beach house?
  • Divorce property disputes: when house prices go up who gets the increased value of separate property?
  • Time Limits for making claims against estates are brutal
  • Who gets the dog? … and other divorce property questions answered

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