© 2018 by A Bali, Lawyer. 

Estates

 

When a person dies, their estate is managed by personal representatives. If the person died leaving a will (testate), the personal representatives will be the executors appointed in the will. The executors may need to apply to the High Court for Probate to be able to deal with the estate. However, if a person died without a will, (intestate), personal representatives, administrators, are appointed by the court under letters of administration. Both applications are made to the High Court through a formal procedure which requires adherence to relevant legislations in terms of its form and substance. Further, a grant of probate/letters of administration is one of the first and many steps involved in estate administration. The personal representatives must administer and distribute the estate within the bounds of the law. This includes dealing with any claims against the estate, either challenging the validity of the will or the contents of the will.  

 

The administration of an estate can be complex and time consuming, especially at a time when you are grieving the loss of a loved one.  We have the skills to assist you through this complex process and difficult time. Engaging a lawyer at a time like this can be daunting. We will provide you with a warm and comforting environment to ease your situation. 

 

 
Retirement Villages 
 
It’s a big decision to move into a retirement village. It has long-term personal and financial consequences. It should be noted that buying into a retirement village is very different from buying a house. There are complex legal and financial issues that need to be considered thoroughly. Villages vary in their support, accommodation, management, financial and legal structures. Before you sign up with a retirement village, you are required by law to obtain independent legal advice on the effects and implications of the purchase.
 
We have the experience and skill to guide you through this complex process and take away the anxiety and strain during what could be the most important transaction of your life. 
 
 

 

 

 
Enduring Powers of Attorney 

 

An enduring power of attorney is a document that protects your future when you become unable to look after yourself or make decisions about your own affairs. It is a legal document which sets out who can take care of your personal or financial matters, this person is known as your attorney, if you become mentally incapable. There are two types of enduring powers of attorney. One is in relation to property which can come into effect immediately and will continue to apply if you become incapacitated. The other is in relation to your personal care and welfare which would come into effect only when you are mentally incapacitated. At the time you make enduring powers of attorney, you must have mental capacity. If you are already incapacitated, those who want to care for you and make legal decisions for you would need to apply for court orders under the Protection of Personal and Property Rights Act 1988. This takes longer and is considerably more expensive than setting up an EPA, and the person appointed might be someone you would not have chosen.

 

Having enduring powers of attorney will give you the peace of mind that you have protected your future. It is recommended that you draw up the enduring powers of attorney when you make your will.  

 

 

 

 

 
Wills 
 
A will is a document that states how a person wants their property dealt with when they die. A will is not limited to people who have substantial property. It is important for everyone who want their dependents and loved ones looked after, have possessions of sentimental value, and debts. A will allows a person to appoint a responsible person who will see that their wishes are carried out and who will administer the estate until it is properly distributed. A will is a legal document which must be drafted in a prescribed form in accordance with the law. Further, statutes such as the Property (Relationships) Act 1976, Family Protection Act 1955 and the Law Reform (Testamentary Promises) Act 1949 allow some people to challenge a will. If a person dies without a will, their property will be distributed according to laws of intestacy outlined in the Administration Act 1969. 
 
It is important to get legal advice in order to minimise the chances of your will being invalidated and challenged. This may not be the way the person would have wanted things done.
 
Make a will now and relieve your family of financial and emotional strain after your death. 
 
 
Residential Care Subsidy and Loan Applications  

 

If you need long-term residential care in a hospital or rest home, you may be able to get Residential Care Subsidy from the Ministry of Health. This subsidy helps with the cost of this care. However, your eligibility depends on your individual circumstances.

 

If you are aged 65 years or over and do not qualify for residential care subsidy after the financial means assessment if your assets are above the threshold because you own your own home, then you may apply for the Residential Care Loan to assist with the cost of your care. There are additional and different requirements for this.

 

Contact us to discuss in detail. 

 
Elder Law 
 

There are various issues that affect the aging population, other than those listed above. If you are nearing or have reached retirement age, we recommend that you do a full review of your affairs.

 

We assist elderly clients and their families to understand and organise their property and personal affairs in the most advantageous way. We understand the importance of structuring property and personal affairs in an orderly and practical way.

 

 

 

 

Elder Law 
 

There are various issues that affect the aging population, other than those listed above. If you are nearing or have reached retirement age, we recommend that you do a full review of your affairs.

 

We assist elderly clients and their families to understand and organise their property and personal affairs in the most advantageous way. We understand the importance of structuring property and personal affairs in an orderly and practical way.

 

 

 

 

Elder Law 
 

There are various issues that affect the aging population, other than those listed above. If you are nearing or have reached retirement age, we recommend that you do a full review of your affairs.

 

We assist elderly clients and their families to understand and organise their property and personal affairs in the most advantageous way. We understand the importance of structuring property and personal affairs in an orderly and practical way.

 

 

 

 

 
Family Trusts  

 

Family trusts are set up so that you can progressively transfer your assets to the trust giving up legal ownership of those assets. However, through the trust, you still have some control over, and get the benefit of, those assets. People create (and a majority of New Zealanders have created) family trusts for a number of reasons.

 

Whether it is setting up a new family trust or managing an existing one, there needs to be proper planning and record keeping so that the purpose for creating the trust is not defeated.

 

We take a very practical approach when it comes to family trusts. If you are looking at setting up a family trust, we will tell you whether it is for you or not. If you already have one, then we will assist you in achieving the most from it.

 

Contact us now for an easy, plain language, practical approach to dealing with family trusts.

 
Residential Conveyancing 
 
Buying and selling property can be stressful, so we make the process as smooth as possible right from the start with our friendly approach, affordable fixed fees for standard transactions and home visit service. We recommend assisting in the early stages of a transaction and can review Agreement for Sale and Purchase before selling or buying a property. We can advice in relation to conditions to include in an offer and talk you through the conveyancing process. 
 
Remember, research and professional advice is the key to ensure your interests are safeguarded.  
 
 
Applications under the PPPR Act  

 

The Protection of Personal and Property Rights Act 1988 (“PPPR Act”) exists to protect the personal and property rights of persons who are not fully capable of managing their own affairs. No one can lawfully make decisions on behalf of a mentally incapable person without that person’s specific consent (which is authorized under enduring powers of attorney) or the permission of the Court. This is where applications under the PPPR Act come in. where a person losses mental capacity without having enduring powers of attorney in place, an application needs to be made to the Family Court under the PPPR Act to appoint someone as the property manager and/or welfare guardian for that person.  This can be a pressing and overwhelming process. We can assist you with the application and its performance. Contact us now to find out more about applications under the PPPR Act.