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Gifting - giving it all away?
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This book is only available in PDF format
Authors: Chris Kelly, Greg Kelly
Published: 20 May 2016
Pages: 31
Introduction
Gifts made by people during their lifetime have been the subject of previous seminars and
webinars. This time we will explore further avenues such as the standard of mental
capacity required. A recent New Zealand case also highlights the pitfalls of informal
arrangements, especially where the recipients have fiduciary duties.
We will review again the continuing concerns relating to asset protection, residential care subsidies, insolvency and so on. They continue to be issues of concern but it is also important to step back and look at the wider range of issues that can arise, particularly in the case of gifts made by older people.
Content outline
- Gifting - giving it all away?
- Incomplete gifting programmes
- Is it a gift or a loan?
- Mental competence to make a gift
- Undue influence, unconscionability and fiduciary duties
- Recent New Zealand Case
- Gifting programmes: how much can you give away?
- Residential care subsidies
- Insolvency and protection against creditors
- Property Law Act 2007
- Gifting when there are no financial problems
- Official Assignee v Mayers
- Claims against estates
- PRA issues
- Clarifying your clients' instructions
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Barrister
Greg Kelly Law Limited
Wellington
Barrister
Greg Kelly Law Limited
Wellington