Private Wealth - Insights & Opinion

Family Ties: Intra-Family Succession and Exit Planning

As the second instalment in a series of articles looking at the generational wealth transition and its impacts on business succession in New Zealand, Ben Hickson (partner, Corporate & Commercial...

16.06.2025 Posted in Corporate & Commercial & Private Wealth

Navigating Settlor Intentions in Trust Restructures – Legler v Formannoij [2024] NZSC 173

In Legler v Formannoij the surviving widow Marina Formannoij, was forced to navigate the complexities of two trusts that were part of her late husband Ricco Legler’s estate plan: the Kaahu Trust (wh...

08.05.2025 Posted in Private Wealth

Passing the Torch: Priming your Family Business for a Succession

As the first in a series of articles looking at the generational wealth transition and its impacts on business succession in New Zealand, Ben Hickson (partner, Corporate & Commercial) and John Kir...

07.04.2025 Posted in Corporate & Commercial & Private Wealth

Deciding to Wind Up? Observations on winding-up a trust from a recent High Court case

A trust can be a hassle and expensive to maintain. So, it is not unusual for clients to reflect on whether a trust should be maintained. When settlors, Bert and Diana Queenin, decided to wind up the...

24.03.2025 Posted in Private Wealth

Have you updated your Will since becoming a parent? The importance of nominating a Testamentary Guardian

For parents, preparing a Will or Deed that appoints a testamentary guardian is an important step to ensure the well-being of your children if you die. A testamentary guardian is a person who after a p...

22.01.2025 Posted in Private Wealth

Left out of the will?

The Family Protection Act 1955 (FPA) is a significant piece of legislation in New Zealand that allows certain family members to challenge a will if they believe adequate provision has not been made fo...

19.11.2024 Posted in Private Wealth

Are trustees bound to relationship property agreements?

In Rawson v Prescott [2024] NZHC 1919, the High Court addressed a dispute involving trust property and a relationship property agreement. Mr RR, trustee of the GR Family Trust, sought summary judgment...

10.09.2024 Posted in Private Wealth

Avoiding the Grey Area: Interpreting Trust Beneficiary Classes

Beneficiary classes in trust deeds should be clearly defined to ensure the assets of the trust benefit the people who the settlor(s) of the trust originally intended. If they are not, then disputes...

05.09.2024 Posted in Private Wealth

Income is classified as relationship property – surprised?

For all couples, embarking on the journey of building a life together involves not only love and commitment but also financial considerations. As you navigate through shared finances, it’s imp...

26.03.2024 Posted in Private Wealth

Trust liability under the Health and Safety at Work Act

WorkSafe New Zealand v RH & JY Trust & ors

21.02.2024 Posted in Health & Safety & Private Wealth

Variations of Trust: Court’s Position Confirmed

Last year we published an article titled Variations of Trust: Obtaining the Court’s Blessing on the High Court decision in Re Jury Family Trusts [2022] NZHC 568 (Re Jury). In Re Jury, the High C...

05.02.2024 Posted in Private Wealth

A well drafted will is a craft

The New Zealand do-it-yourself “DIY” attitude and way of life is not limited to home improvements, but sometimes also extends to wills. Recently we had a DIY $5.99 fill in the blanks will acros...

07.11.2023 Posted in Private Wealth

Supreme Court unanimously dismisses relationship property appeal.

Last year we published an article titled The curious case of Sutton v Bell – How your de facto relationship status can impact your ability to restructure your property on the Court of Appeal decisio...

16.08.2023 Posted in Private Wealth & Property

Property (Relationships) Act 1976 – Room for Three?

In the landmark decision of Mead v Paul ,[1] a question was posed to the Supreme Court regarding whether the Property (Relationships) Act 1976 (Act) applies to triangular polyamorous relationships. ...

18.07.2023 Posted in Disputes & Private Wealth & Property

Legler v Formannoij [2022] NZCA 607 – Self Dealing for an Improper Purpose?

In Legler v Formannoij [2022] NZCA 607, the children of a deceased father challenge their stepmother’s decision to appoint a corporate trustee, exclude the children and the family trust as beneficia...

09.06.2023 Posted in Private Wealth

Australia’s immigration announcement may have tax consequences for New Zealander’s living in Australia

In April, the Australian Government announced a direct pathway to citizenship for New Zealand citizens who live in Australia for four years or more and meet certain requirements. While the announcem...

12.05.2023 Posted in Private Wealth

Seeing Green – Ethical investing for charities and trusts

In the wake of the recent catastrophic weather events here in New Zealand and the latest release of the alarming Intergovernmental Panel on Climate Change report, we consider a recent United Kingdom j...

11.04.2023 Posted in Climate Change & Private Wealth

Removing a child as a beneficiary of a trust: a breach of fiduciary duty?

In Pollock v Pollock [2022] NZCA 331, the Court of Appeal had to consider whether trustees owed fiduciary duties to a beneficiary when exercising the power to remove him as a beneficiary. Background...

14.03.2023 Posted in Private Wealth

Variations of Trust: Obtaining the Court’s Blessing

In Re Jury Family Trusts[1] the High Court was asked to ‘bless’ proposed variations of mirror trusts to avoid significant tax liabilities. First things first, what are mirror trusts? Mirror Trusts...

10.02.2023 Posted in Private Wealth

The curious case of Sutton v Bell – How your de facto relationship status can impact your ability to restructure your property

It may come as a surprise that how you deal with your assets, even before you are in a de facto relationship, can impact your property rights. In Sutton v Bell [2021] NZCA 645, the Court of Appeal h...

15.12.2022 Posted in Private Wealth & Property

Fiduciary Duties to Adult Children – Court of Appeal rule differently

The Court of Appeal’s recent decision in D and E Ltd v A, B and C[1] overruled the High Court’s landmark decision in that case[2]. The High Court held that a fiduciary duty existed between a fat...

03.11.2022 Posted in Private Wealth

The Settlors’ Plan

When you set up a trust, your plans and wishes count.

06.09.2022 Posted in Private Wealth

The End of Life Choice Act 2019: What you need to know

The End of Life Choice Act 2019 (Act) came into force on 7 November 2021, giving people who are experiencing unbearable suffering from a terminal illness the option to legally request medical assistance to end their life.

22.02.2022 Posted in Private Wealth

Putting all your assets in trust? What can your children do about it?

The High Court holds that a fiduciary duty can be owed to adult children.

22.02.2022 Posted in Private Wealth

Is your will in draft form? High Court refuses to exercise its discretionary power to validate a draft will notwithstanding beneficiaries’ consent

The High Court’s recent decision in Re: An application to validate the will of Olive Ruby Piper [2021] NZHC 534 serves as a valuable reminder to make sure that your estate planning documents are...

16.09.2021 Posted in Private Wealth

COVID-19: Considerations for trustees

Navigating Uncertain Times for Trustees – considerations in light of Coronavirus

04.06.2020 Posted in Private Wealth

Trustee Meetings Key: Duty on Trustees under the Trusts Act to consider exercising their powers

The Trusts Act 2019 ("Act") comes into force on 30 January 2021 and with it comes the partial codification of trustee duties.

16.04.2020 Posted in Private Wealth

How will the Trusts Act 2019 affect me?

The Trusts Act 2019 comes into force in less than a year

20.02.2020 Posted in Private Wealth

Take Care with Beneficiary Loan Accounts in Credit

It is common for family trusts to resolve that a distribution be made to beneficiaries but the actual amount paid to the beneficiaries is less than the authorised “distribution”. In the ...

04.02.2020 Posted in Private Wealth

A trust on a trust – how strange is that?

In New Zealand we are trust crazy and owning a home in trust is common place. For many, just as for Mr Hodgkinson in Judd v Hawkes Bay Trustee Company Limited [2016] NZCA 397, the trust has been set u...

21.10.2019 Posted in Private Wealth

Hesketh Henry’s Private Wealth Team are leading the way

"Dynamite Lawyers" as quoted in the new Chambers HNW directory for 2019

16.07.2019 Posted in Private Wealth

Hesketh Henry Ranked in the new Chambers and Partners HNW (High Net Worth) Guide

We are pleased to announce that the prestigious Chambers and Partners HNW Guide have ranked partner Mary Joy Simpson and the firm in the first Chambers HNW section devoted to the New Zealand private W...

02.08.2018 Posted in Private Wealth

Your will is your way?

Preparing a will means that a person can be reassured that on their death, their assets will be distributed according to their wishes

23.08.2017 Posted in Private Wealth

The importance of ensuring your will is up-to-date

You should review your will every five years

21.07.2017 Posted in Private Wealth

Is an Inheritance Trust Worthwhile?

How can parents protect the inheritance they will provide their children

21.03.2017 Posted in Private Wealth

A Historic Section Revived

The Supreme Court decision of Clayton v Clayton has given new insight into the operation of section 182, Family Proceedings Act 1980

24.11.2016 Posted in Private Wealth

Investment Properties Vulnerable to Relationship Property Claims

It is important to understand that if the Property (Relationships) Act applies

18.02.2016 Posted in Disputes & Private Wealth

Is Your Home Held in a Family Trust? – The New Tax Changes Affect You!

The Government’s announced law changes dealing with taxation of property came into effect on 1 October 2015 and will have a significant impact on all property owners who hold their family home in a ...

28.10.2015 Posted in Corporate & Commercial & Private Wealth

A beneficiary’s right to information – what should trustees disclose?

There have been a number of recent cases where beneficiaries have gone to court to seek information about the activities of a trust of which they are a beneficiary. The cases have helped shed light ...

03.02.2015 Posted in Private Wealth

Enduring Powers of Attorney – Update on changes in the law

Everybody knows that it is important to have a will in place. Likewise, appointing someone to act on your behalf if you lose mental capacity is very important. As part of an estate planning “hea...

11.11.2009 Posted in Private Wealth