Doubtless Bay Law is staffed by a friendly team of Far North residents with a broad range of legal skills and experience. The firm is owned by Vicki Ammundsen Trust Law and has the back up of experienced lawyers and staff in Auckland and Tauranga. Read more >>
We offer a wide range of legal services. Here are a few:
Whether you are purchasing your first home, selling up and moving to a new location or helping your loved one/s into their first home, we at DBLL are happy to help you through these sometimes, stressful times.
With our technology solutions in the office, we are now able to assist you anywhere throughout New Zealand, whether it is a face-to-face meeting in the office, or a Video Conference over Skype.
We are able to assist in the following areas:
Whether you’re purchasing your first home, or looking at buying another property, we can act for you and take care of matters to make this process less stressful for you and your family.
If you have made the decision sell up and move out, we can assist you in making this process as streamline as possible.
Fixed fees available.
If you’re thinking of creating a Will or an Estate, we are able to help you through this process.
A Will is one of the most important documents you will sign.
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.
Call us today to book an initial appointment to speak with Raewyn about getting a will.
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.
Power of attorney is an authority by which one person (the “donor”) gives authority to someone else (the “attorney”) to act in their name.
The idea of someone else being able to sign your cheques, cancel your insurances, even sell your home, would be a nightmare in most circumstances. But if your health deteriorates or you go overseas and are unable to run your own affairs, having someone else to help can be a godsend.
Many people think their partner will be able to step in automatically but that isn’t the case. Even if you’ve been married 50 years, your spouse will not be able to deal with any accounts, policies or possessions if they are in your own name. They’d need to go to court to be given that power. This could take months and cost thousands of dollars.
The best option is to arrange power of attorney in advance. It must be made while the donor’s mental capacity and judgment still allow them to understand what they are doing.
There are two broad types of powers: “ordinary” and “enduring”.
You can vary, suspend or revoke an enduring power of attorney while you’re still mentally capable. There are different procedures surrounding each of these actions. Legal advice should be sought, especially in regard to revocation.
The Protection of Personal and Property Rights Act 1988 sets out requirements for enduring powers of attorney.
An attorney who deals with your property can write your cheques, roll over term deposits and even sell your home, depending on the power given or excluded in the document.
You can appoint more than one attorney to deal with your property, or use a trustee company such as Public Trust.
The arrangement must state whether the power of attorney will have immediate effect or if it will come into effect only if you become mentally incapable. You are “mentally incapable” in relation to property when you are not wholly competent to manage your own affairs.
Many lawyers recommend that the document have immediate effect because of the costs and difficulties of proving lack of capacity.
There are measures you can take to protect yourself and reduce the risk of problems arising.
If significant sums of money are involved, two attorneys or an institution should be appointed.
Only a private individual can act as an attorney for personal care and welfare. They have no control over money so must consult and work closely with the attorney for property. It’s important to select attorneys that are able to communicate and work well together.
An attorney for personal care and welfare can’t act in relation to a significant matter unless a relevant health practitioner has certified, or the court has determined, that the donor is mentally incapable. You will be considered mentally incapable where you lack the capacity to make or understand decisions in relation to your personal health and welfare.
The attorney also can’t act in relation to other matters unless they believe on reasonable grounds that the donor is mentally incapable.
You may want to limit their authority in matters such as moving in to rest-home care. But you need to ensure the attorney has enough flexibility to deal with situations that you might not envisage. If the authority is too prescriptive, their ability to deal with changing circumstances could be undermined.
You can also name parties with whom the attorney must consult before making decisions.
The personal care and welfare attorney can’t make decisions about marriage or divorce, electro-convulsive treatment or refuse to consent to life-saving medical action.
You can choose practically anyone as your attorney, though to get enduring powers they must be 20 or over when taking on the role, a New Zealand resident, not bankrupt and not be suffering from any legal incapacity.
People often choose their partner as attorney, especially for personal care and welfare. If you are single, choose a trusted relative, friend, solicitor or accountant who is healthy and likely to outlive you, or (for property) a trustee corporation. Professionals will charge for their services, typically on an hourly basis for work done.
Consider whether the attorney has the skills, judgment and time to handle your affairs. Be aware that family members may find it difficult to act impartially, or may be influenced by other relatives.
Once you’ve appointed an attorney, avoid later misunderstandings by making sure that close friends and family members know.
