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Publications

Common applications under the Protection of Personal and Property Rights Act 1988

By Hayley Roberts - March 2019

Do you have Enduring Powers of Attorney in place? If you do not have Enduring Powers of Attorney in place, and you lose your mental capacity, someone would need to make an application under the Protection of Personal and Property Rights Act 1988 to the Family Court in order to make certain decisions for you. This article outlines three of the most common applications that are required when a person loses their capacity without Enduring Powers of Attorney in place.

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Testamentary promises

By Hayley Roberts - January 2019

A Testamentary Promise is a promise made by one person (“Person A”) to another (“Person B”) in that Person B will receive compensation for providing services to Person A. There are four requirements to prove a Testamentary Promise exists and the Court will consider a number of factors.

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Invalidity of Wills

December 2018

Recent cases have outlined important considerations regarding the requirements necessary to prove a Will to be invalid. There is some confusion around the grounds upon which a Will can be challenged, leading to unnecessary costs in questioning the validity of a Will.

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Greenpeace: Charitable status decision

December 2018

This article discusses the recent decision by the Independent Charities Registration Board (“the Board”) that Greenpeace does not qualify for charitable status provides further guidance for charities regarding political purposes, ancillary purposes, and illegal purposes.

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Will Kits: DIY gone wrong?

By Natalie Whitelock - November 2018

Online wills or do it yourself will kits seem to be a popular new trend. Natalie discusses the recent case of Mills v Laboyrie [2018] NZHC 1368 where the question before the High Court was whether or not a partially completed will from a will kit satisfied section 14 of the Wills Act 2007.

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