×

Registrant Details

Use this window to add all the registrants you wish to register on behalf of. If you want to attend the course also, ensure you add yourself as one of the registrants. Make sure you press "Save" after adding each new registrant.

Registrant 1
First name
Last Name
Email Address
Username ( if known )
NZLS Member or Associate Member?
1x Registrant
Proceed to Checkout

This book is only available in PDF format

Author: Catharina Chung
Published: 2 April 2025
Pages: 33

Introduction

With the rapid rise in housing prices in New Zealand, it has become increasingly common for family members to contribute towards the purchase of residential properties. Parents, in particular, have supported their children in various ways when acquiring property. However, the lack of proper documentation often makes it challenging to determine whether these contributions are gifts, loans, or instances where the parent partly or wholly owns the property. This paper aims to equip you with the skills to accurately identify the nature of such contributions for your clients, and to guide you on how to properly record and document what these contributions truly represent.

This paper covers the following:

• the legal principles relevant to the issues: gift, loan, joint venture, resulting trust, the presumption of advancement and the presumption of resulting trust;
• summary of the key cases relating to these issues that you should note;
• the current trend in New Zealand: the application of the presumption of advancement; and
• common pitfalls in inter-family loan documentation and how this is relevant in litigation and the six-year limitation period.

Content outline

  • Types of contributions
  • What if there are no documents?
  • Common pitfalls in inter-family loan documentation
  • Limitation Act 2010
  • Cultural considerations
View contents page
CHUNG Catharina    
Catharina Chung
Tompkins Wake
Auckland		    

Questions?

In order to assist us in reducing spam, please type the characters you see:

You might also be interested in ...