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Trusts, Estates and Life Planning

Our Team and Expertise

What we do

We know how hard you have worked for what you have and how much it means to you. We also know that life is full of unwanted surprises. Our trusts and estates team are here to help you manage your assets and protect them for future generations.

How we can help you

Most people desire simplicity when it comes to their assets and estates. Others want to be prepared for every possible scenario. Our job as your estate lawyers is to understand what you want and translate that into incontrovertible legal documentation. This may include setting up a trust, drafting a simple (or complex) will, appointing an attorney, or preparing a relationship property agreement (or any other bespoke property agreement).

Creating a will

Having a will is important, it provides the means to ensure your assets are distributed according to your wishes, designating beneficiaries and minimising family conflicts by clearly stating how you want your assets to be dealt with once you are gone. Our firm specialises in estate law and can assist you with creating your first will or updating your existing one so that it always accurately reflects your estate and wishes.

Appointing an attorney (Enduring Power of Attorney)

We can assist you with the preparation of Enduring Power of Attorney documents, which appoint a person (or persons) to act on your behalf in the event that you become incapable of making certain decisions regarding your property and/or your personal care and welfare. These are important, because without them, your children or the people you care for will have to apply to the Family Court for permissions.

Setting up a trust

Many people have established trusts without understanding that, although they can be structured to operate in a relatively hands-off manner, they are not inherently passive structures. With the enactment of the Trusts Act 2019, trustees are subject to statutory duties, and any breach of trust may lead to trustee liability. We can assist you in setting up a trust that best suits your purpose and we can also help you with the management of your trust, ensuring that you understand your trust and the obligations of your trustees.

Relationship property agreements

A relationship property agreement is a written agreement that enables couples to designate the status, ownership and division of property in the event that they separate or one of them passes away. If you are purchasing property with a partner then we will ask about whether or not you have a relationship property agreement in place. We can draft the agreement for you, considering any complexities regarding your assets and including provisions for any trusts of which you are a beneficiary.

Retirement villages

If you are considering moving into a retirement village, it is highly likely that you will need to sign an Occupation Right Agreement (“an ORA”), which grants you the right to occupy a unit in the village for the duration of your life. These agreements can be both long and complex. We can provide guidance on what you are committing to and the financial implications. Before entering into an ORA, you will need to have a will in place, appoint an attorney and seek legal advice to ensure you fully understand the terms and conditions of the agreement.

Probate and estate administration

Probate and estate administration is the legal process of managing and distributing a deceased person’s assets according to their wishes or applicable laws. Our firm specialises in probate and estate law, offering guidance and assistance throughout the administration process. From filing the necessary paperwork to resolving disputes among beneficiaries, we can help ensure the efficient and accurate distribution of assets.

Can’t find what you are looking for? Reach out to one of our team or contact us.

Key Contacts

trusts wills and life planning

Richard Allen

Partner
Richard leads the firm’s property and private client teams. He has previously run his own practice and worked for one of the largest firms in New Zealand. Richard’s specialises in trusts, asset protection, and life planning. Richard’s clients appreciate the fact that he is approachable and down-to-earth, delivering pragmatic solutions to his client’s legal problems. More about Richard Allen

Shiree MacKay

Senior Legal Executive
Shiree is the firm’s expert in estates, wills and elder law, having 35 years’ experience practicing in that area. Shiree also advises on conveyancing matter, retirement villages, Enduring Powers of Attorney and Relationship property Advice. Shiree excels at making complex legal matters easy to understand. More about Shiree MacKay