Your Local Lawyer for a Lifetime
First-home buyers, families, parents, employees, company directors and estate executors – we will provide the same high standard of care for you and your family through all stages of life. KM Law provide upfront fees and dependable, professional legal expertise. Meet us, talk through your needs, and receive sound legal advice and services.
KM Law provide professional legal advice, with a commercial edge, to a wide range of small and medium sized businesses. We understand that ‘your business is our business,’ and we are committed to a client-centred methodology. KM Law can break down legal costs into agreed-upon components, which is useful on many levels for our clients.
We begin with understanding the details of your business needs. You will find the KM Law team to be personable and direct. As we clarify your legal needs, we will be precise about the scope of work to be undertaken, and moving forward we will stick to the brief.
Our significant experience in commercial law means we can deliver practical, cost-effective solutions. The KM Law team will discuss with you our fees, up-front and ‘on the table’. We understand that many SMEs do not have a huge legal purse. We are happy to provide you with fixed or capped legal fees so your business can budget for its legal spend.
KM Law can assist you with setting up a new business during those uncertain first stages. We can prepare ownership structures and shareholders’ agreements. We are adept and experienced with matters of branding, franchising and intellectual property. We can help you formulate terms and conditions of trade or services, and we’re more than capable of providing employment agreements and related advice. Where money is concerned, you can engage KM Law to facilitate debt recovery efforts. We can also guide you through commercial issues which may arise in the day-to-day operation of your business, including dispute resolution.
KM Law provides complete services relating to the sale or purchase of a business.
Read More About Commercial Property
KM Law’s in-house experience at large companies has taught us many strategies to help achieve what’s best for your company. The Companies Act 1993 stipulates some mandatory rules that can’t be changed, but there remains a lot of scope for the overriding of default rules. Often these strategies can overlap into personal circumstances, and can involve pre-emptive rights, private documents and shareholders agreements. Talk to KM Law about your company’s future today.
Our office is located on Cameron Road in Tauranga central, but we offer our services throughout New Zealand via Skype.
We understand that the sale or purchase of your home may be the largest financial decision that you may ever make and it can be a very stressful time. It is our role to ensure a smooth and stress-free transaction. With so much at stake, don’t rely on less-informed Conveyancers. Always seek accountable advice from registered lawyer’s office such as KM Law.
The modern property market is relentless, with offers increasingly being made and accepted within days of listing. You can’t afford to use a lawyer who takes their time. We keenly understand this at KM Law, and our responsiveness and results earn us referrals from client to client.
Just because we’re quick, doesn’t mean we sacrifice quality or cost. Our standard residential property sale or purchase packages are fixed-fee, and we are among the most thorough and highly-regarded property legal advisers around.
KM Law will help you understand every relevant aspect of residential property transfer. We will guide you through the specific sales process (e.g., tender, auction or negotiated agreement). You will be made aware of the associated costs of buying and selling. You will be advised on necessary or sensible inspections and reports (e.g., Toxicology Reports / ‘P’ tests, Building Reports, LIM, Council Files). We will discuss and arrange any special conditions to be included in the sale and purchase agreement. Ultimately, when it comes to the conveyancing process, KM Law will serve as your guide to avoid any potential pitfalls.
As a Barrister & Solicitor, our services are far more in-depth than those you would get from a simple Conveyancer. Conveyancers require the services of a lawyer for any undertakings to the other party and for money handling, as well as to deal with any legal ‘sticking points’ in the process. Don’t get caught out. KM Law can do everything that a Conveyancer cannot, significantly reducing delays and hold-ups in the sales and purchase process that come about from this ‘legal outsourcing’.
Due diligence is the act of looking into all the legal details to find any current or potential issues for you, our client. It’s crucial that an experienced, qualified and accountable person look over the relevant documents before you proceed with a property sale or purchase. This is another reason why KM Law are an excellent choice for conveyancing. With so many years of experience evaluating documents like LIMs, Building Reports and Council Files, KM Law are highly perceptive, efficient, and thorough. You will be advised on any problems, risks or liabilities, which can often save you financial ruin in the future.
In our professional experience at KM Law, we know that family relationships are complex and have further-reaching legal implications than expected. People change and people pass on. Marriages can affect shareholders and companies. Children can take completely different paths to their parents and siblings. Loose ends can be legally risky, and costly.
Some of these concepts and intentions overlap with our Commercial Services
When a home-owning couple splits up and assets are redistributed, typically that’s not the end of the story. Legally there is a six-year statute of limitation within which either party may contest any part of the previously-shared property.
Contesting property in court is costly. Children are often the ones who lose out in these kinds of property disputes.
If you want the option to finalise property redistribution at separation the two of you need to enter into a witnessed agreement, with a different lawyer advising each side. Similarly, if you want one party to have the option of buying the other out of a mortgage, the bank will demand the same thing. Conveyancers are unable to oversee this kind of agreement.
In our professional experience at KM Law, we know that family relationships are complex and have further-reaching legal implications than expected. People change and people pass on. Marriages can affect shareholders and companies. Children can take completely different paths to their parents and siblings. Loose ends can be legally risky, and costly.
Some of these concepts and intentions overlap with our Commercial Services.
When it comes to court battles, the difference between KM Law and ‘hot-shot’ lawyers is that of conscience and care. The KM Law team simply don’t have the heart to antagonise the other side in order to drag out proceedings and costs. Primarily this is because a drawn-out fight generally only benefits the lawyers and takes a huge toll on the family.
There is often a point where people realise things are breaking down, and it’s at that point where emotions spill over into stubborn, costly decisions. Some separations drag out over two years and incur legal costs of $100,000. It’s our job to get you through and out the other side as quickly and cleanly as possible.
Mostly we love getting people to the point where they can move on with their lives – but prevention is better than conflict. With a valid Non-Contention Agreement, there will be no court battle over property at all.
NZ’s version of ‘Prenuptial Agreements’ [Property (Relationships) Act 1976 no. 166]
Contracting Out Agreements are often appropriate where there’s been a previous relationship, or where one party is bringing significant or family assets to the relationship. They are used to preserve the ownership or rights to property, for a tidy separation or estate management under the Relationship (Property) Act or the Will.
With more and more parents sharing assets with children, Contracting Out Agreements are becoming more relevant. You can’t choose who your children form relationships with, but you can stipulate that your own contributions to your children’s assets are protected from any future claim by their current or future partner. KM Law are happy to give you further information about securing your money or assets for your children only.
Although Contracting Out Agreements can feel awkward and unnecessary, they are a grown-up conversation for the modern world. We have found that they often strengthen a relationship with financial knowledge, confidence and surety.
At the end of the day, if necessary, you can blame the lawyer for suggesting a Contracting Out Agreement.
Shareholders’ Agreements overlap with our family law services in many respects. It is prudent to consider, at a company level, the repercussions of the transfer of shares to a widow or widower.
The marriage of a Director or significant shareholder automatically confers rights and ownership to the new partner under NZ law. To provide surety to your company’s shareholders, and to ensure the reliable continuation of your company for all involved, you should detail ‘exit strategies’ and a host of other parameters in valid documentation.
For a better take on your specific situation, request a call with KM Law today.
KM Law offer personalised and cost-effective advice on managing and protecting your assets and succession matters.
If done correctly, trusts offer an effective structure to protect or manage assets in a variety of situations. However, after the Trusts Act 2019 comes into force in January 2021 many trustees will find their existing trust isn’t fit for purpose. Beneficiaries will enjoy far greater transparency about the trust property and administrative workings. More rigorous administration is also necessary under these new laws, attracting professional trustee fees, annual reviews and accountant fees. The bottom line is that by February 2021 trusts will be more effort than they’re worth as they’re currently used, for many different situations.
There are a few circumstances where trusts remain useful tools. As a business, a correctly set-up trust can operate as creditor protection. Trusts could be utilised in blended family situations, aged-care, disability or estate planning, as well as true intergenerational succession planning to protect significant assets.
It is important to note that a trust cannot be set up with the primary objective of achieving any of the above benefits. In fact, the law prohibits you from transferring your assets to a trust to defeat creditors, avoiding asset or means tests and/or reducing your obligation to pay tax. An analysis of your particular circumstances will need to be undertaking when considering if a trust is beneficial for your family, asset protection, and tax situation.
The suitability of new and existing trusts may be in question under the Trust Act 2019, but they remain appropriate for many circumstances. Talk to KM Law for professional trust advice today.
General Powers of Attorney
Under a general power of attorney, you appoint the attorney to legally act on your behalf either in relation to all of your affairs (e.g. the attorney can deal with your bank accounts and any property you own in your name), or only for specific matters (e.g. it is common for children to appoint their parents as powers of attorney for the child’s bank account prior to departing on their ‘big OE’).
The nomination of a general power of attorney is only possible while you have the required legal capacity. If you want an attorney to legally act on your behalf when you no longer have the capacity to manage your own affairs, you need to arrange an enduring power of attorney while you still have legal capacity.
Enduring Powers of Attorney
An enduring power of attorney (“EPA”) gives the attorney the right to legally act on your behalf if you become mentally incapable. You must be at least 18 years old and mentally capable when you sign the documentation.
There are two types of EPAs:
It is important that any EPA is well-drafted and sets out any conditions and restrictions on how your property should be dealt with or what you would like to happen in regards to your personal care.
There are many situations where one or both EPAs may be appropriate for you or one of your family. Speak to KM Law today to find out more.
A Will is an important document as it sets out your wishes and instructions for your property after your death. These commonly include directions for distributing your money and assets, the nomination of special gifts (e.g. jewellery) to certain people, the naming of legal guardians who will look after your bereaved children, and funeral arrangements.
A Will minimises the emotional strain on your family. If you do not have a legally valid Will upon your death (called dying ‘intestate’), your family will need to make an application to the Court for your assets to be distributed under the Administration Act 1969. Generally speaking, your assets will be distributed to your surviving spouse or partner and family in set proportions. If you do not have any relatives as defined in the Administration Act 1969, then your assets will be transferred to the Government. Dying intestate can potentially cost your estate thousands.
It is wise to update your Will on a regular basis to take account of any change in circumstances. For example, if you marry, your previous Will is automatically revoked (unless there is a provision to the contrary in the existing Will). In addition, an up-to-date and well-drafted Will minimises the likelihood of it being challenged, which unfortunately is all too common.
KM Law offers a standard individual Will for $295 + GST.
More complex Wills naturally attract higher fees, but are still a fraction of the legal costs that your estate would need to outlay to achieve a similar result with your passing intestate – if a similar result is possible at all.
Unless your estate is under $15,000 (e.g., the value of bank account funds, life insurance, shares, etc.) and does not include any interest in any land, the executors will need to apply to the Court for ‘Probate’. Probate is a court order which allows the executors to administrate your estate. We can assist the executors through the process from the application for Probate through to distribution of the estate to the named beneficiaries. You can rest assured that our clients and their families receive a great deal of care and understanding at this sensitive stage.
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