We can assist you with all property matters. Our team has expertise with commercial property and residential buying and selling, property ownership structures, subdivisions, and contracts for new builds.
We can assist with the buying and selling of your family home, investment property, lifestyle block, farm, or commercial property.
We can provide you with advice on the agreement prior to signing and explain to you how the process works. Once you have signed the agreement, we will work with you through all the conditions. We can help you complete your due diligence and advise on the title, LIM and other reports and any other issues. We can also assist you with applying for Kiwisaver withdrawals and the First Home Grant, if applicable.
If you are looking to buy a house and land package then your purchase process is more complicated as you will have a building contract as well. We can review all contracts to ensure you fully understand your rights and obligations.
We can assist you with the sale of your property and review any agreement from your agent and any proposed sale agreement. It is beneficial to discuss the agreement with you prior to signing so that you are aware of your obligations as a vendor. If you want to sell privately, we can assist you with this as well.
OCCUPATION RIGHT AGREEMENTS
If you are planning on moving into a retirement village, we can peruse and discuss with you the Occupation Right Agreement and its contents to make sure your needs are met.
PROPERTY DEVELOPMENT & SUBDIVISION
We have experience working with property owners to complete their subdivisions and the on-selling of the lots. We liaise with your surveyor to ensure the project runs smoothly.
We work with all major banks and other lenders to ensure that your finance and any refinancing, work for you. We can assist you with:
- Variation of Mortgages;
- Reverse equity Mortgages.
Any person considering setting up a Trust should seek specialist legal advice.
A properly established family trust can be used for a number of purposes including:
- Protecting the long-term interests of yourself, your spouse and your children;
- Removing assets from the scope of family protection or testamentary promise actions after your death;
- Protecting your assets against claims by future creditors;
- Protecting your assets against relationship property claims including the interests of your children against claims by their partner or spouse.
ENDURING POWERS OF ATTORNEY
There are two types of enduring powers of attorney:
- Personal Care and Welfare: You appoint one person as your attorney to make decisions about your personal care and welfare on your behalf if you lose mental capacity. These decisions might include agreement to medical treatment or admission to residential care or the choice of a rest home. You can only appoint one person to be your attorney but you can appoint one or more successor attorneys to act if the authority of the previous attorney ends.
- Property: You appoint an attorney (or attorneys) to manage and make decisions about your property. This might include how to invest your assets, what to spend your money on, and decisions about your house. If you wish, you can give your attorney (or attorneys) authority to act while you still have mental capacity and they will be able to continue to act if you become mentally incapable.
You need to think very carefully about who you want as your attorney and how you would want them to manage your affairs. If you become mentally incapable it will be to your advantage, as well as that of the person who has to look after your affairs, to have current Enduring Powers of Attorney in place.
These applications allow certain people to be appointed to look after the personal care and property affairs of an incapacitated person. The PPPR Act exists to protect the personal and property rights of persons who are not fully capable of managing their own affairs. These applications are done through the District Court system.
WILLS AND ESTATE PLANNING/ADMINISTRATION
It is very important to have a Will to ensure your property is left to whom you want and any wishes about your death are documented. If you die without a Will you die “intestate” and your property will be administered according to the rules of intestacy. We can assist you to ensure that you have an up-to-date Will.
We can also assist with Living Wills and Advance Directives.
Estate planning and administration is a specialist field and we can advise you on how best to ensure your wishes are carried out and your chosen beneficiaries receive maximum benefits.
We can assist with applying for Probate, and distributing or selling assets in accordance with a Will. If there is no Will, we can apply for Letters of Administration and advise the Administrator on the distribution of the assets.
We can also help with advising trustees and beneficiaries of their legal rights, obligations and entitlements.
A relationship property agreement (sometimes referred to as a “contracting out agreement”) can help give you certainty about what will happen to your assets if your relationship ends. The Property Relationship Act 1976 sets out how relationship property is divided should you separate, however, a couple can mutually agree on a different way to distribute property if they choose by entering into a settlement agreement. If you are thinking about entering into a relationship property agreement or if your relationship has ended and property issues need to be resolved you will need a lawyer to assist you and we can help.
CHILD CUSTODY/PARENTING ORDERS
A relationship breakup is a difficult time for all involved, especially when there is a dispute over the custody of children. A cooperative approach to child custody and access is usually best for everyone involved. Our lawyer will work with you, often with mediation, to try and find a solution without going to Court. However, sometimes it is necessary to go to Court and our experience in child custody matters can help you decide when Court proceedings are appropriate.
Protect your business from potentially expensive employment disputes by getting effective employment agreements in place from the beginning. Many employment issues can be prevented with a well-drafted employment agreement as a first step. We can help you with planning and drafting all types of employment agreements.