FAQ
FAQ
The information on this page is of a general nature and is intended for information purposes only. It must not be relied upon as legal advice in relation to any matter you have.
What does Sellar Bone and Partners do?
For over 100 years we have helped Auckland businesses and personal estates to buy and sell property and businesses. We are trusted for our expertise in shareholder agreements, trusts, property sale and purchase along with estate planning and wills. As members of the Law Society we ensure that we are providing continuing legal education for our Lawyers and Legal Executives, providing legal forms in line with New Zealand legislation. We pride ourselves on being your best partner for when you need us the most and also to help you before you really do.
What is a Shareholders Agreement?
Shareholder agreements are essential documents that will set out a list of instructions for company holders in the event that they have a dispute, need to sell or part ways or if unfortunately a business partner passes away. Its a key legal document that needs to be in place before the structure is set up ideally, however they can also be retrofitted with agreements for all. Our most difficult support for clients is when they don't have one in place and a relationship becomes contentious.
What is a De Facto Relationship and why should I care?
When two people who live together as a couple who are both over 18 years or older and who are not married or in a civil union they may be in a de facto relationship depending on:
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the duration of the relationship
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the nature and extent of common residence
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whether or not a sexual relationship exists
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the degree of financial dependence or independence and any arrangements for financial support
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ownership, use and acquisition of property
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the degree of mutual commitment to a shared life
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the care and support of children
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the reputation and public aspects of the relationship​
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Once a couple has been in a de facto relationship (or in some cases if they have had a child) the Property (Relationships) Act will apply to their relationship and property that was separate property may be deemed to be relationship property and be liable to be shared equally. Usually the most significant asset that will be affected is the family home. but could also be company assets.
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What is a Estate Planning?
Estate planning is the process of arranging for the management and disposal of a person's assets after their death. It involves creating legal documents such as wills trusts, and power of attorney to ensure that your wishes are honored and your loved ones are taken care of. Effective estate planning can also help minimize taxes and avoid probate, providing peace of mind for you and your family. It's essential to regularly review and update your estate plan to reflect any changes in your life circumstances.
What are trusts and do I need one?
A trust is a legal arrangement that allows a person, known as the grantor, to transfer assets to a trustee who manages those assets on behalf of. Trusts can be essential for estate planning as they help avoid probate, reduce taxes, and ensure your assets are distributed according to your wishes. By establishing a trust, you gain greater control over how and when your are distributed, providing peace of mind for you and your loved ones. Additionally, trusts can protect your assets from creditors and provide for minors or individuals with special needs.
What is Property Conveyancing?
A property conveyancing lawyer specialises in the legal aspects of buying and selling real estate. They that all transactions comply with relevant laws and regulations, handling paperwork, conducting property searches, and managing contracts. Their expertise helps to protect the interests of their clients, making the process of transferring property ownership smooth and efficient. Whether you're a buyer or a seller, having a conveyancing lawyer can provide peace of mind and valuable guidance throughout the transaction.
Am I too young to have a will and what happens without one?
Creating a will might seem unnecessary if you’re young, but it's an important step planning for your future. Without a will, your assets may be distributed according to state laws, which might not reflect your wishes. This can lead complications for your loved ones during an already difficult time. Taking the time to create a will, regardless of your age, ensures that your preferences are honored and provides peace of mind.
How can I work with you and how do I get started?
We pride ourselves on tailored advice and always allocating a partner and lawyer to a client. Depending on the complexity pf the work we will assess the best means for supporting you. Our fees are transparent and have a fixed rate which is provided in advance.