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When a Trustee Loses Capacity

With New Zealand’s ageing population, more and more people are losing mental capacity as they grow older. When this happens to a trustee of a trust, it can make trust administration difficult or, in some cases, almost impossible.

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Powers of Attorney

A power of attorney allows you to appoint someone (the attorney) to look after your affairs. It’s a common mistake for company directors to think their personal attorneys can look after a company’s affairs in their absence.

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Finance Conditions for Sale & Purchase Agreements

With the standard ADLS/REINZ Agreement for Sale & Purchase containing a ‘subject to finance’ condition, a purchaser must do all things reasonably necessary to arrange finance on or before the finance date.

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Forestry Rights

Forestry Rights were created by the Forestry Rights Registration Act 1983, which means the first wave of cropping relating to those rights is well underway.

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Signing on Behalf of Trustees

Plan ahead. Trustees sometimes need to sign documents in a hurry. An example is bank mortgage documents which may need to be signed so that the trust can borrow to cover expenditure.

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A reminder: buyers beware of GST zero-rating

The TGRM effectively creates a GST-zero position as between GST registered parties in certain land transactions.

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Family Trusts and the Family Protection Act 1955

Under the Family Protection Act 1955 (FPA), parents have a moral duty to provide in their Wills for their children’s maintenance and support.

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The ‘Solicitor’s Approval’ Clause

Have you ever signed an Agreement for Sale & Purchase without first giving it to your lawyer to consider?

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Leasing the Farm

Leasing a farm, an orchard or cropping land is becoming more common and has attractions for both the land owner and the tenant farmer.

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Limitation Act 2010

Limitation laws prevent certain legal claims being brought against a person or company after a defined period of time. They provide a defence against old claims and give certainty in relation to legal liability for past events.