Elder Law

We are committed to helping meet all our clients’ needs throughout their lives, especially as they are nearing retirement and beyond.

We can assist you and your family by ensuring all property and personal needs are taken care of, both now and in the future, should you, or someone you love, not be able to do so.

If you are looking for experienced, knowledgeable and considerate people to help you with any elder law matters, please give us a call.

Our services include:
  For all elder law matters please contact our elder law team leader:

Estate Planning

The aim of estate planning is not simply to determine what happens to your estate when you pass away, but to ensure you and your loved ones are looked after when the inevitable happens. Therefore, it is important for you to: have an accurate and up-to-date Will, consider how a family trust could assist with the long-term management of your assets for your family (see Trusts) and the importance of enduring powers of attorney in ensuring your financial and personal affairs are looked after if you can’t do so (see Enduring Powers of Attorney). 

Wills

A Will is one of the most important documents you will make. 

A Will states what will happen to your property and how loved ones are looked after when you die.  Making a Will can be straightforward.  However, there is legislation that affects the freedom of a Will-maker, such as issues of relationship property, claims by close relatives and promises to make provision in returns for services provided to you.  It is important that you understand the effect of the law otherwise your wishes may be frustrated.  We can help you to prepare a Will that clearly and accurately records your wishes and provide you with sound advice to ensure your wishes are given effect.

Enduring Powers of Attorney

We recommend that all our clients, especially older clients, have enduring powers of attorney for both property and personal care and welfare. 

We are regularly appointed attorney in relation to property for our more elderly clients,. We act in their best interests and build a package around them, including helping with their day-to-day living and business affairs. 

Retirement Village purchases & sales

A number of our clients have made a lifestyle choice to shift to a retirement village. We can provide independent legal advice on the occupation right agreement in plain English and handle the transaction for the sale of your house.

If a person is leaving a village, we can assist in relation to the sale proceeds payable on termination of the occupation right agreement.

Bryce Williams
Partner

P: +64 4 916 6436
Jodie Martin
Registered Legal Executive
P: +64 4 916 6445

Residential Care Subsidy and Loan Applications

We regularly receive instructions from clients to assist them with the financial means assessment under the Social Security Act. This includes assisting them with completing the residential care subsidy and residential care loan applications and ensuring they have provided all supporting documentation. We see the process through to completion with either WINZ or the Ministry of Social Development.

If you would like to talk to a member of our team about how we might be able to help you with: preparing a Will, estate planning, enduring powers of attorney, assist with Court applications under the PPPR Act, estate administration, considering a shift to a retirement village or a loved one requires full-time residential care, please call Bryce Williams and he will discuss how we can help you.

Court Applications Under the PPPR Act

Where a loved one has lost mental capacity to manage their affairs and they do not have enduring powers of attorney, we can prepare Court applications under the Protection of Personal and Property Rights Act 1988 (the Act) for the appointment of a property manager/s and a welfare guardian.  We can also assist managers with preparation of statements required to be filed under the Act and compliance with Public Trust’s audit requirements.

Estate Administration

When the inevitable occurs, we support loved ones through the legal and grief process, ensuring the deceased’s wishes are carried out and the estate is properly administered.

We know where to direct loved ones to get the help and support they need at such a stressful time, and enjoy seeing them come out the other side of the grief process.

We have significant experience handling applications to the High Court in New Zealand for probate and letters of administration on intestacy (when someone dies without a will) and administering estates where a deceased held property overseas.