Order to act under the Protection of Personal and Property Rights Act 1988

The three most common orders granted under the Protection of Personal and Property Rights Act 1988 (“the Act”) are set out below together with an explanation of what happens when you have been appointed, and what your obligations and responsibilities are. Property Order: This Order occurs when a person’s item of property does not exceed $5,000 in value or their income/benefit does not exceed $20,000 in any one year. You are required to administer the property, income or benefit in such...

Executors and trustees of a Will

All Wills need executors and trustees. These days, while there may be more than one of them, the executor and trustee is usually the same person in a Will. This has not always been the case and the roles remain complementary and different. The executor role is usually related to the coordinating and finance arrangements for and with the deceased’s family: whether he or she was to be buried or cremated, reviewing the Will content and progressing to carry out the...

Changes to the Fair Trading Act

The Fair Trading Amendment Act 2021 came into force on 16 August 2022. The Act has been introduced to put in place new protections against unfair practices, by extending the protections against unfair contract terms under the Fair Trading Act 1986 and prohibiting unconscionable conduct. The types of contracts that are captured under by the Amendment Act include terms of trade and independent contractor agreements. A contract is subject to the amendments under the new Act when it is in standard...