Frequently Asked Questions

We offer expert legal advice in the following areas:

• Property, including residential, commercial, developments, farms, agriculture & viticulture
• Business & Commercial Law
• Private Client, Estate & Life Planning including Trusts, Wills and Enduring Powers of Attorney
• Relationship Property & Family Law
• Employment & Human Resources
• Rural & Water Law

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.

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.

We must comply with the Anti-Money Laundering and Countering Financing of Terrorism Act 2009. The goal of the AML Act is to help prevent financial crimes and ensure the integrity of our legal system.

Before starting certain work, we may need to verify your identity, address, and in some cases, your source of funds or wealth. This is a standard part of complying with the AML Act.

Relationship property includes assets acquired jointly or during the course of a relationship - such as the family home, vehicles, shared bank accounts, KiwiSaver, and household items. The Property (Relationships) Act generally provides for a 50/50 split if a relationship ends, but exceptions do apply.

Separate property is owned solely by one partner—typically assets owned before the relationship or inheritances/gifts received personally. These are not usually divided upon separation.

The Act applies to marriages, civil unions, or de facto relationships lasting three years or more. Shorter relationships may also qualify in some circumstances.

You can enter into a Contracting Out Agreement (commonly known as a "prenup") to agree on how property will be divided if the relationship ends. Both parties must receive independent legal advice for the agreement to be valid. We can help with drafting or reviewing these agreements.

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.

A Trust is a legal structure where a trustee manages assets for the benefit of others (the beneficiaries). Trusts provide many benefits and are often used for asset protection, flexibility in succession planning, wealth accumulation and privacy.

Yes. Some common examples:

Family Trusts – Protect and manage family assets (e.g. your home or shares in a company)

Charitable Trusts – Support charitable purposes like education or community welfare

• Settlor – The person who establishes the Trust and transfers assets into it
• Trustees – People who manage the Trust in accordance with the Trust Deed
• Beneficiaries – Those who benefit from the Trust’s assets or income
• Appointors – The people who appoint and remove trustees

Trusts offer many advantages like asset protection, flexibility in succession planning, wealth accumulation and privacy. Talk to us about whether a Trust aligns with your personal or financial goals.

1. Appoint trustees
2. Name beneficiaries
3. Sign a Trust Deed prepared by a lawyer
4. Update your Will and have a memorandum of guidance prepared
5. Transfer assets into the Trust

A Will is a legal document that sets out your wishes for how your assets, money and property are to be distributed on your death. It is easy to update at any time.

A Will gives you control over what happens to your estate and reduces the burden on your loved ones during a difficult time.

You can:

• Appoint guardians for your children
• Leave specific gifts or instructions
• Name your executor (or more than one) to carry out your wishes
• Express funeral preferences
• Provide for your pets

Yes, but it’s risky. Wills must meet strict legal requirements. Having a lawyer draft your Will ensures your intentions are clearly stated and legally valid. Ask us about our fixed fee for Wills and/or check out our Online Wills Tool to get started

If you die intestate, your estate is distributed under the Administration Act. This may not align with your wishes and adds to the costs. The Court may appoint someone to manage your estate, which can delay matters further and create added stress for your family.

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.

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.

Trusts are a useful tool for succession planning also. Read our information about Trusts or speak to us.

EPAs are legal documents that allow someone else to make decisions on your behalf if you become unable to do so.

Personal Care & Welfare – For decisions about health and living arrangements. Only takes effect if you become mentally incapable.

Property – For decisions about all your assets, including finance and property. Can take effect immediately or upon mental incapacity.

Appoint someone you trust. Like a partner, family member, or close friend, who will act in your best interests.

Yes. You can include specific conditions, and the law limits certain decisions - like consenting to marriage or adoption on your behalf and certain medical treatments.

EPAs 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 older people, you should always have them in place. Anyone can suffer an illness or accident that affects their mentally capacity at any time. Without EPAs, you have to go to court (which is expensive, causes added stress as well as delays for your family) to deal with your assets if you don’t have mental capacity.

Conveyancing is the legal process of buying or selling property and ensuring a smooth legal transfer.

We ensure your interests are protected, help you understand the process and manage all the legal requirements to make settlement as efficient as possible.

Yes - if you meet the criteria. We can help you apply to withdraw your KiwiSaver funds as part of the purchase process.

Absolutely. We review lending documents, explain your obligations and coordinate with your lender to ensure everything is ready for settlement.

Get in touch early. Ideally before you sign a Sale and Purchase Agreement. Vendors (sellers) should also contact us once a sale is agreed.

We cover all aspects of commercial law from business contracts, company formation and structuring, employment, leases, disputes, intellectual property, terms of trade and more.

It’s not a legal requirement. But it’s a wise move. A lawyer can help you choose the right business structure, protect your IP, assist with shareholder arrangements (such as shareholder agreements and company constitutions) and ensure contracts and compliance matters are handled properly.

Company – A separate legal entity, shielding shareholders from personal liability

Partnership – Two or more people share responsibility for operating the business and are personally liable for debts or disputes of the partnership