Frequently Asked Questions
Our Service
What service can I expect?
Our team has a wealth of knowledge and experience to share. We will go above and beyond to help you achieve your dream.
Can I receive advice from afar?
Distance is no barrier. We have clients from throughout New Zealand and around the world. We can discuss your needs over the telephone or via video conference / audio visual means. We endeavour to make the process as simple as possible.
In NZ what is the difference between Partners and Directors in law firms?
Partners are partners of a Partnership. Directors are directors of an incorporated law firm. Due to legal requirements for incorporated law firms, the effect on clients is essentially the same and using an incorporated law firm structure does not prevent personal liability. A lawyer who is a director or shareholder of an incorporated law firm is subject to all the professional obligations to which they would be subject if they were in practice on their own account.
Wills
I had a Will prior to my marriage, is that Will still valid?
Not unless you made your Will “in contemplation of marriage”. Otherwise your Will becomes invalid once you are married. You will need to make a new Will.
Who will deal with my assets and liabilities when I die?
You appoint an “Executor or Executors” of your estate. This is the person or people who will do the paperwork for you and follow the instructions in your Will to ensure your wishes are given effect to.
Relationship Property
We are separating and have relationship debts as well as assets. How are debts dealt with?
Just as assets are usually divided 50/50, debts of the relationship are treated in exactly the same way and liability is divided 50/50.
Enduring Powers of Attorney
Are these just for people nearing later life and what are they?
They enable a trusted friend or relative to step into your shoes and deal with your personal matters and make decisions for you when you are at your most vulnerable. They are not just for old people, you should always have them in place. Anyone could injure their head and render themselves mentally incapable or have a stroke. Without EPOAs, you have to go to court (which is expensive) to deal with your assets if you don’t have mental capacity.