Our Services

Buying or Selling a Business

If you are buying or selling a business we will be able to assist with:- 

  1. A sale and purchase agreement 

  2. Drafting a lease, agreement to lease or deed of assignment of lease 

  3. Mortgage finance or other secured funding 

  4. Setting up a company 

  5. Obtaining a GST or IRD number.

Before helping with the above we will need:

  1. Photo ID (passport or driver’s licence) for all owners and directors 

  2. Confirmation of addresses for all owners and directors (eg power bill or bank statement) 

  3. Confirmation of IRD numbers for all owners and directors 

  4. Full details of the sources of funding or wealth for the company. 

For more information contact us

Buying, Selling or Refinancing your Home

If you are buying or selling a home we can give a fixed fee estimate that includes GST and all disbursements (i.e. payments we have to make to 3rd parties on your behalf)

  1. Buying a first home with Kiwisaver and Homestart Grants: Our fee (incl GST) $2,012.50 plus disbursements of $286.00 total of $2,298.50  

  2. Buying a property with one mortgage: Our fee (incl GST) $1,725.00 plus disbursements of $286.00 total of $2,011.00  Buying a property with no mortgage: Our fee (incl GST) $1,150.00 plus disbursements of $190.00 total of $1,340.00  

  3. Selling a property with one mortgage: Our fee (incl GST) $1,380.00 plus disbursements of $178.00 total of $1,558.00  

  4. Selling a property with no mortgage: Our fee (incl GST) $977.50 plus disbursements of $88.00 total of $1,065.50  

  5. Changing banks – refinancing your mortgage (one mortgage off / one on): Our fee (incl GST) $1,150.00 plus disbursements of $286.00 total of $1,436.00  

Where the property is a unit title there is an extra surcharge of $250+GST to cover off increased time required for this type of property. 

The above fixed fee estimate assumes a straight forward transaction, no company or trust ownership, no additional personal guarantees, a time frame for settlement that is non-urgent, a simple title search (with no memorials registered on the title.  Additional search fees of $6 per document will apply) and does not include drafting sale and purchase agreements.  Where there are complications outside the normal course of a settlement, or an urgent requirement for settlement, additional fees will be incurred.

Making a Will or Enduring Powers of Attorney

Making a will allows you to decide who takes charge of your property and affairs after you pass on (your executor) and how they must distribute that property amongst those you leave behind. There are family and other obligations that we all have to consider when making a will which we can advise on. It might help to complete a checklist before making a will - please ask for us to send one to you. 

An enduring power of attorney (EPA) allows you to decide who will take charge of your property and affairs while you are still alive but no longer have the capacity to make those decisions. If you lose capacity to make these decisions and have not made EPA then someone will need to apply to the Family Court for orders to manage your property and welfare. This is costly, time-consuming and may result in a person being appointed who you would not have chosen 

Some basic information on wills and enduring powers of attorney can be found on New Zealand Law Society webpage https://www.lawsociety.org.nz/for-the-public/common-legal-issues/ 

Fees charged for wills or EPsOA are charged as a fixed fee for straight forward matters - with wills generally being $250+GST each and a set of Enduring Powers of Attorney being $400+GST per person.

If you want further information please contact us.

Deceased Estates

If a person dies leaving a will then their executor will need to apply to the High Court for probate where:- 

  1. The deceased owned land in their own name; or 

  2. The deceased has funds with any one fundholder that exceeds $15,000 (e.g. their Kiwisaver provider). 

If the deceased did not leave a will and owned land in their own name or had over $15,000 with one fund holder then their spouse or partner (or one of their children if they had no spouse or partner at death) will need to apply to the High Court for Letters of Administration. 

Our fees for Probate and Letters of Administration will vary but our general estimate for probate is $1,000 +GST + disbursements (like the $200 filing fee for the High Court), our general estimate for Letters of Administration is $1,500+GST+disbursements (which are about $330 for advertising, DIA letter of enquiry and filing fee).

Any home or other real estate that is owned jointly with another person (e.g. a spouse) will pass “by survivorship” to the co-owner without the need to apply to the High Court. We can assist with “transmission” of that property to the survivor but will need: 

  1. The death certificate;  

  2. The survivor’s passport or driver’s licence; 

  3. Details of the jointly owned property. 

Transmission of property will cost $870 all up. 

Separation and Divorce

If you are separating you may need to consider:-  

  1. A parenting plan if you have children under 16

  2. Child support for any children under 17 

  3. Whether you qualify for spousal maintenance  

  4. Sharing relationship property 

  5. Dissolution if you are married 

Contact us if you want to discuss any of the above issues or require legal assistance or representation. 

Sharing Relationship Property

The Property (Relationships) Act 1976 provides for equal sharing of relationship property on breakdown of a marriage, civil union or de facto relationship in most cases. However the equal sharing rules will not apply where: 

  1. The relationship is of short duration (ie under 3 years); or 

  2. There is a relevant prior valid relationship property agreement that varies equal sharing; or 

  3. The roles within the relationship result in one partner having an increased standard of living as a result of the different roles; 

  4. Equal sharing would result in manifest injustice 

The above are not an exclusive list of exceptions to the equal sharing rule. 

Before assisting with a relationship property agreement we will need a comprehensive list of all relationship and separate property and any valuations of that property that the parties have.

Contact us if you want to discuss any of the above issues or require legal assistance or representation. 

Family Trusts

Family trusts are used by thousands of New Zealand families in order to: 

  1. Protect family assets from business creditors 

  2. Protect separate property from claims by new spouses or partners 

  3. Remove property from an estate where family disputes and claims will result on the death of the settlor

  4. Protect family assets from claims by government where the settlor needs residential homecare. 

Further information on family trust can be found by contacting us.

If you want to “settle” property on “trustees” for the benefit of other family “beneficiaries” we can assist you contact us. 

Before helping with the above we will need: 

  1. Photo ID (passport or driver’s licence) for all trustees and the settlor 

  2. Confirmation of addresses for all trustees and the settlor (eg power bill or bank statement) 

  3. Confirmation of IRD numbers for all trustees and the settlor

  4. Full details of the sources of funding or wealth for the trust 

Law for Older People and those with Diminished Capacity

There are a range of issues that have greater impact on older persons or those who have diminished legal capacity. These issues include;- 

  1. Enduring Powers of Attorney - EPA; 

  2. Wills; 

  3. Property Managers and Welfare Guardians; 

  4. Estate planning. 

Where a person does not have EPAs and loses their legal capacity an application to the Family Court will have to be made for appointment of a welfare guardian and a property manager. This is expensive and time-consuming and can be avoided by making EPAs when the donor has the required legal capacity. 

If you have a family member over 18 years old who has disabilities that mean they do not have capacity to make decisions for themselves, they may well need someone with legal standing to make decisions on their behalf about their property and welfare. These applications can be made in the Family Court. There is no obligation to get a lawyer, the applications can be made “in person” by those seeking orders on behalf of those who lack capacity using self-help resources. However, where you need assistance in drafting these applications and explaining the legal consequences of the Orders, we can help you.

Legal aid will sometimes be available to pay for a lawyer. 

Estate Planning

If you want to talk to one of our lawyers on issues concerned with your estate or in relation to a loss of capacity of a family member you can contact us for an appointment.