Setting aside time to make or update your will is time well spent. In the event that you die without a will in place, then the Administration Act 1969 applies which effectively means that someone else will decide how your estate is distributed.

At David J Brown & Associates, we can simplify the process of making a last will and testament. Ensure your peace of mind, book an appointment to make or update your will today.

David J Brown and Associates in Titirangi - Advice: Wills

Matters to consider - Individuals

Matters to consider - Couples

It is possible to have Enduring Powers of Attorney (Property) and (Personal Care and Welfare) in case you lose mental capacity in the future.

Property obviously relates to property. Personal Care and Welfare really means a decision by your attorney as to where you live if you lose mental capacity.

New comprehensive forms came into effect through change in legislation in September 2008. A lawyer now has to certify as witness for the person giving the power of attorney. The lawyer cannot also witness the signatures of the attorney.

A number of decisions need to be made when putting Enduring Powers of Attorney into effect. David J Brown & Associates are experienced with these matters and can help you with the choices to be made.  Call us today.

David J Brown and Associates in Titirangi - Advice: Enduring Powers of Attorney

Enduring Powers of Attorney – Matters to Consider 1

Enduring Powers of Attorney – Matters to Consider 2

It is essential that you give consideration to the assets that you have, the extent to which there is a debt to a financial institution, and the most desirable form of ownership. People in a second marriage or second relationship and all of us as we get older must give consideration to how assets are owned. If assets are owned jointly, then on the death of one partner/spouse the surviving partner/spouse will inherit the entire asset. This can cause difficulties for children of a former relationship as those children can be disinherited. Joint ownership can also cause difficulties if rest home care is needed later in life. Therefore joint ownership can be a very good thing while people are younger but it can be something to be avoided when we are a lot older and closer to needing care.  We can ensure that you have the right mix of ownership and estate planning provisions to achieve the right balance and the right result.
 

So give consideration to the following:

• Your family
• Your assets
• Form of ownership of assets - is joint the best?
• Joint ownership can be good for people in their 20s, 30s, 40s. But when we are older a different ownership form is better.

Trusts are a sensible and cost effective legal way of protecting property and managing assets. Because assets are owned by the trust rather than an individual, they are protected against creditors – a significant benefit for business owners. The particulars of how a trust is to be managed and who is involved are detailed in a ‘Trust Deed’.

Benefits of a Family Trust:

• To ensure certain assets are transferred to the next generation
• To protect family assets from business creditors
• To protect assets against future relationship partners
• To protect assets against claims by WINZ in rest home care situations

There are many more benefits to be gained through the set up of a family trust. The team at David J Brown & Associates are Trust Lawyers and we can explain how you and your family can gain from a well structured trust.  Contact us now. Timing can be everything!

Family Trusts - Things to Consider

We look forward to instructions from members of the family to assist you in carefully, sensitively, efficiently administering the estate of the member of your family who has died.

If there is a Will then that will control what is to occur.

• Executors
• Beneficiaries

We might hold the Will for the person who has died. Check with us first. We can give preliminary advice on the phone to a family member (usually the executor) as to practical things to do in the beginning

We can advise with regard to probate and administration of the estate and all that that entails.