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Choosing the right legal structure for your business isn’t just a box to tick, it’s a strategic decision that can shape your growth, manage your risk, and support long-term succession. Whether you're just starting out or reassessing your current setup, understanding the key differences between sole traders, partnerships, companies, and trusts can help you make informed decisions that align with your goals. Sole Traders: simple, but limited Operating as a sole trader is the simplest business structure. It’s easy to set up, with minimal compliance requirements, and gives the owner full control over decision-making. However, this simplicity comes with limitations. Sole traders are personally liable for all business debts and obligations, which can expose personal assets to risk. Growth can also be constrained, as the structure doesn’t easily accommodate investment or succession planning. For small scale operations or early stage ventures, sole trading may be a practical starting point, but it’s important to reassess as the business evolves. Partnerships: shared control, shared risk Partnerships involve two or more people working together in business. They offer flexibility and shared responsibility and can be a good fit for professional practices or family-run enterprises. However, like sole traders, partners are personally liable for business debts, unless the partnership is structured as a limited partnership. A limited partnership is a business structure where general partners manage the business and are fully liable, while limited partners invest but have liability only up to their contribution. Clear governance is essential. A well-drafted partnership agreement should outline roles, decision-making processes, profit sharing, dispute resolution, and exit strategies. Without this, misunderstandings can quickly escalate and impact the business. Companies: structure for scale A company is a separate legal entity, which means it can own assets, enter contracts, and incur liabilities independently of its shareholders. This structure offers limited liability, making it a popular choice for businesses looking to grow, attract investment, or manage risk. Companies are subject to governance obligations under the Companies Act 1993, including maintaining accurate records, filing annual returns, and ensuring directors act in good faith and in the best interests of the company. Shareholder agreements and constitution documents play a key role in setting expectations and protecting interests. For many businesses, incorporating as a company provides the structure and credibility needed to enable growth while also supporting succession planning through share transfers or director appointments. Trusts: protecting assets and planning ahead Trusts are often used to hold business assets, particularly in family-owned enterprises. A trust separates legal ownership from beneficial ownership, which can help protect assets from business risk and support long-term succession. Trusts require careful governance. Trustees must act in accordance with the trust deed and in the best interests of beneficiaries. Regular reviews, clear documentation, and professional advice are essential to ensure the trust remains fit for purpose and compliant with legal obligations. While not suitable for every business, trusts can be a powerful tool for asset protection, estate planning, and intergenerational succession, especially when used alongside other structures. Structuring for success The right structure depends on your business goals, risk profile, and future plans. It’s not just about compliance, it’s about clarity, control, and confidence. Smart structuring can: Limit personal liability; support investment and growth; clarify governance and decision-making; enable succession and continuity; and protect assets and manage tax obligations.  At Willis Legal, we work closely with business owners to ensure their structure supports both day-to-day operations and long-term strategy. Whether you're starting fresh, expanding, or planning for the next generation, we’re here to help you get it right.

We’re pleased to shine a light on Emma Roberts, a Partner in our Commercial team. Emma brings a wealth of experience in business and commercial law, with particular expertise in the sale and purchase of businesses, shareholder arrangements, commercial financing, and asset protection. Emma has advised on a wide range of transactions, including the sale of a $34 million company and a $18 million company in the past year. She also worked closely with an iwi collective on a proposed company purchase , preparing and presenting a comprehensive legal due diligence report. Emma also advises a number of well-known local businesses on their ongoing commercial matters, providing practical, strategic advice that supports long-term growth. Her approach is grounded in clarity and confidence. Emma believes in making informed advice and offering clients clear guidance on the best course of action, drawing on her extensive experience to ensure legal solutions are both robust and realistic. Clients value her ability to simplify complex issues and provide advice that is both practical and reassuring. One particularly memorable transaction saw Emma finalising a large-scale deal while on holiday in Bali , after a delayed completion date meant the matter couldn’t be delegated. Despite the challenge, she ensured the transaction was completed successfully, demonstrating her commitment to client outcomes (and was grateful for Willis Legal’s investment in cloud-based technology, meaning she could work from Bali). Emma is passionate about helping businesses set themselves up for success from the outset. She regularly advises on shareholders’ agreements, lease agreements, and other foundational documentation, areas where early attention can prevent costly complications later. Her work helps clients avoid common pitfalls and build strong legal frameworks that support future growth. Looking ahead, Emma sees exciting developments in the commercial space, particularly with the rise of AI and the shift toward remote and digital service delivery. She encourages businesses to stay agile and embrace these changes to remain competitive. Emma enjoys getting to know each business she works with, understanding how they operate and helping to put in place the right structures to support their goals. Her thoughtful, strategic approach makes her a trusted advisor to many . Emma has been with Willis Legal since she moved from Auckland back to Hawke’s Bay in 2012, and has been a partner since 2020. She is an integral part of our Willis Legal team and plays a key role in supporting the success of our clients.

A Shareholder Agreement Helps Everyone Stay on the Same Page

When someone passes away, their will is meant to provide clear instructions about how their estate should be managed and distributed. For most families, it offers a sense of direction during a time of grief. But sometimes, questions arise, and a will may be contested. Contesting a will isn’t common, but when it does happen, it can be emotionally and legally complex. At Willis Legal, we’re here to help you understand what’s involved, and to support you through the process with care, clarity, and professionalism. Why might a will be contested? A will can only be challenged on specific legal grounds. Examples include: Family Protection Act claims - where close family members feel they haven’t been properly provided for in the will. Property (Relationships) Act claims - where a surviving partner may be entitled to a share of relationship property. Concerns about validity - for example, if the will wasn’t signed or witnessed correctly, or if the person lacked mental capacity when they made it. Undue influence - where someone may have unfairly pressured the will-maker. It’s important to note that not everyone can contest a will. The law limits this right to certain people, usually spouses, children, or dependents. If you’re unsure whether you’re eligible to make a claim, seeking early legal advice is key. What does the process involve? If someone believes they have grounds to contest a will, the process typically includes: Obtaining a copy of the will and the assets and liabilities of the estate. Negotiation and mediation - many disputes are resolved through negotiation or mediation, without the need for a full court hearing. Filing a claim in court - this must be done within a set timeframe, usually within 6-12 months of probate being granted. Court involvement - the High Court or Family Court will consider the claim and review supporting evidence, which may include medical records, witness statements, or details of family circumstances. Court decision - if no agreement is reached, the Court will make a decision about whether the will should be changed or upheld. Every case is different, and the Court will look closely at the individual circumstances. The law aims to balance the wishes of the person who made the will with fairness to those left behind. Things to keep in mind Contesting a will can be stressful, and it may affect family relationships. Timeframes are strict, and the process can be emotionally charged. It is important to seek legal advice early - not just to understand your rights and the process involved, but to help you navigate the situation with clarity and confidence. At Willis Legal, we take a people-first approach. We understand that behind every legal issue is a family, a story, and a need for support. Whether you’re considering a claim or responding to one, we’ll walk alongside you: explaining your options, helping you weigh the risks, and working toward a resolution that respects both the law and the people involved. How we can help Our team has extensive experience in estate matters, including contested wills. We’ll listen carefully, explain things in plain language, and tailor our advice to your situation. We’re here to help you move forward constructively, with empathy, expertise, and a focus on what matters most. If you have questions about a will or estate, or you’re unsure where to start, get in touch with us. We’re here to help.

In the fast-moving and constantly evolving legal landscape, depth of legal knowledge and long-standing experience remain cornerstones of exceptional service. At Willis Legal, we believe that longevity - both within individual careers and across the life of a firm - is not just an advantage but a profound asset that distinguishes meaningful legal practice from mere process. With over 135 years of history, Willis Legal has grown from its roots in Napier to become a trusted legal partner across Hawke’s Bay. Founded in the late 1800s, the firm has continued to grow and evolve throughout its life, culminating in the multi-branch, modern law practice Willis Legal is today. This growth reflects not just strategic expansion, but a deep commitment to serving our community with integrity and care. That legacy is also personal. Lawrie Willis , a longstanding partner, represents the third generation of his family to practise law at the firm. Mark Goodson , another senior (but extremely young-looking) partner, continues the legacy of his late father, a former partner, Brian. Other family ties, including Kevin Callinicos , previously a partner but now a consultant, and his daughter, Vicky and son, John (both solicitors) have helped shape the firm’s culture of continuity and trust. Over the years, Willis Legal has also produced three High Court Judges (Justice Woodhouse, Justice Gallen, and Justice Chisholm) and a District Court Judge (Judge Neal), underscoring the calibre of legal minds nurtured within our walls. Legal knowledge gained through years of practice is more than just technical proficiency. It’s the accumulated wisdom of navigating ambiguity, resolving complex disputes, and anticipating challenges before they arise. Experienced lawyers bring insight that no textbook or single case can teach. They’ve seen the ripple effects of legislative changes, the ways precedent shifts, and how context shapes outcomes. This insight allows them to offer strategic clarity in moments when the stakes are high, and the path unclear.Whether we’re advising on property transactions, family matters, or complex commercial negotiations, we draw on long-standing knowledge to craft solutions that are practical and enduring. Experience also builds trust. Clients often come to us in moments of vulnerability - seeking support through family breakdowns, financial uncertainty, or legal conflicts. Knowing that their lawyer has walked this path with many before them instils confidence. It reassures them that the advice they receive is grounded in more than theory; it’s been tested, refined, and proven. In a field where outcomes can profoundly affect lives, trust in your legal advisor is indispensable. As longstanding partner Lawrence Willis puts it: “Legal knowledge is important, but it’s the experience behind it that gives it weight. Clients don’t just want answers - they want assurance that those answers come from someone who’s seen the terrain before and knows how to guide them through it.” That ethos extends to our investment in the future. Willis Legal is proud to support young lawyers and legal executives, regularly hiring graduates and summer clerks, and fostering a culture of mentorship. Seasoned lawyers become anchors for younger colleagues, passing down knowledge that helps maintain high standards across generations. Even as we explore emerging technologies, and how we can best use them for our clients (including AI and digital tools), our core values of integrity, clarity, and client focus remain intact. In essence, the depth of legal knowledge and long-standing experience are what turn legal representation into legal guidance. At Willis Legal, we honour this legacy - drawing on years of practice not just to resolve issues, but to educate, empower, and protect our clients with precision and heart.

At Willis Legal, longevity isn’t just measured in years - it’s felt in relationships, remembered in shared milestones, and seen in the steady rhythm of daily practice. Few reflect that spirit more than Lawrence (Lawrie) Willis and Janine Blockley , whose decades of service are woven into the fabric of the firm itself. Lawrence Willis Known to many as Lawrie, he is a cornerstone of the Hawke’s Bay legal community - and part of a three-generation legacy at Willis Legal. His family’s long-standing connection to the firm runs deep, reinforcing a personal commitment to its values, evolution, and enduring presence in the region. Lawrie obtained his Bachelor of Laws from Victoria University before joining the family firm then known as Willis Toomey Robinson in 1983. Since becoming a partner in 1989, he has guided the firm through structural and strategic change (the use of personal computers, online property registration and much more), leading Willis Toomey Robinson through mergers with local Hawke’s Bay firms, including Scannell Hardy & Co, Donkin Lloyd (Napier Law), and Taradale Law, and now serving as both partner and owner at Willis Legal. Over the years, he’s seen the pace of legal practice shift dramatically, especially in how we communicate. From fax machines to email, mobile phones, and digital platforms, each advancement has brought greater speed, and with it, greater pressure. Despite all that change, Lawrie says the highlight of his time at Willis Legal has always been the people, both the team and the clients. It’s the relationships, the shared history, and the trust built over time that continue to make the work meaningful. “Legal knowledge gets you to the issue - but it’s experience that guides you through it. Clients want more than technical answers; they want assurance those answers come from someone who’s seen the terrain, understands its patterns, and knows how to lead with confidence and care. We learn from our experiences, good and bad and bring them to play in every decision we make.” Lawrie’s breadth of legal knowledge from his years of practice sees him mentoring younger lawyers on how to navigate practice and the changing legal world, or offering seasoned guidance, and often a shared history, to clients. Janine Blockley Janine joined the firm in 1981 at just sixteen, beginning as an office junior in the accounts department - back when receipts were handwritten in carbon books and the phones lit up like a switchboard. Over the next 44 years, she held roles across departments, from search and registration to reception, and eventually settled into secretarial support. Her story tracks not just the firm’s history - Robinson Toomey & Partners > Willis Toomey Robinson > Willis Legal - but the pace of legal practice itself: from mini cassette tapes to modern cloud-based systems. Through it all, Janine remained constant, supporting teams, remembering clients and family histories, and quietly keeping the engine of the firm humming. “The thing that keeps me here is the staff - they’ve always felt like family. I’m now the longest-standing member and going for the record… if AI doesn’t take my job first!” Together, Lawrie and Janine represent two facets of enduring excellence: one leads with legal depth and strategic foresight, the other sustains culture, continuity, and client connection. In an industry where change is constant, they prove that relevance doesn’t just come from reinvention - it grows from reliability, care, and long-held trust. At Willis Legal, we’re proud to honour their legacy - and the values it continues to inspire.

Legal issues can be overwhelming - especially when you’re unsure how to afford the help you need. That’s where Legal Aid comes in. It’s a government-funded programme that helps people access legal advice and representation when they can’t afford it on their own. At its heart, Legal Aid is about fairness: ensuring that everyone has the opportunity to be heard and supported, no matter their financial circumstances. What is Legal Aid? Legal Aid is a grant from the government to assist people who would not otherwise be able to afford legal services pay for a lawyer. Legal Aid is not available for every legal issue - for example, it generally doesn’t cover wills, conveyancing, or commercial disputes - but it can be a vital support for those dealing with serious or stressful situations. At Willis Legal we provide Legal Aid for certain family and civil matters. Who can get Legal Aid? Legal Aid is means-tested, which means your income and assets will be assessed to determine whether you qualify. The thresholds vary depending on your circumstances - for example, whether you have dependents or a partner. Even if you earn above the threshold, you may still be eligible for partial Legal Aid, or be asked to repay some of the costs over time, depending on your situation. As of July 2025, a single person with no dependents may qualify if they earn under $28,984 per year, while someone with a partner and two children may qualify if their household income is under $73,608. How do you apply? For family matters, we can help you complete the application. You’ll need to provide: proof of income (eg payslips or benefit statements); details of your assets (eg savings, property, vehicles); and information about your living situation and dependents. Common misconceptions There are a few misunderstandings about Legal Aid that are worth clearing up: It’s not just for criminal cases. Many people don’t realise Legal Aid is available for a wide range of family and civil law matters. It doesn’t mean “free lawyer” in every case. Depending on your financial situation, you may need to repay some or all of your Legal Aid over time. Legal debt may be secured against any property, taken from any proceeds of your case, or you may be required to make weekly repayments, depending on your situation. You can choose your lawyer. If a lawyer is approved to take on Legal Aid work, and agrees to act for you, you can ask for them specifically. You must update your details. If your income or assets change, you need to let Legal Aid Services know - otherwise, your eligibility could be affected. For more information about how Legal Aid works, visit the Ministry of Justice website .

When a relationship ends or circumstances change, untangling shared property can quickly become complex, emotionally, legally, and financially . R elationship property law provides a framework for dividing assets between partners. Whilst it is a legal process, it is also deeply personal. That’s why having an experienced and trusted advisor is essential. What is relationship property? The Property (Relationships) Act 1976 (the Act) governs how property is divided when a marriage, civil union, or de facto relationship ends, including when a partner passes away. In most cases, there is a presumption of a 50/50 split of shared property, but exactly what counts as “shared” can be more involved than people realise. Relationship property can include: the family home; vehicles and household contents; KiwiSaver and superannuation; income earned during the relationship; any assets acquired together; and any relationship debts. There are also important exceptions and nuances, especially if one partner has brought significant assets into the relationship, or if there are children involved. When the 50/50 rule doesn’t apply While equal sharing is the default, there are several situations where the law may allow for a different outcome: relationships of short duration (less than 3 years); significant economic disparity between partners; separate property, such as inheritance or pre-relationship assets (not intermingled); and contracting out agreements (previously known as prenups). Couples can choose to “contract out” of the default rules by signing a formal agreement. However, this must meet strict legal requirements in order to be valid and enforceable. One of these requirements is that both parties must have independent legal advice. When children are involved Children can significantly impact the division of relationship property. The law acknowledges the necessity of protecting a child’s wellbeing, particularly during family transitions. In these situations, the court may: postpone the sale of the family home if it would disrupt a child’s living situation; prioritise stability by ensuring that the primary caregiver can continue to provide a secure environment; acknowledge unpaid contributions, such as caregiving, as equal in value to financial contributions; and apply the Act to relationships of short duration if there’s a child of the relationship. Every family is different and when children are involved, the stakes are higher. That’s why it’s crucial to seek advice that combines legal clarity with compassion and care. Every situation is different While the law provides a general framework, no two families or relationships are exactly alike. That’s why having thoughtful and experienced legal support makes all the difference. Whether you're entering into a new relationship, separating, or simply planning for the future, clear advice from someone who understands the legal landscape and your personal one is essential. Why legacy matters Willis Legal has been advising Hawke’s Bay families for generations. That long history means we don’t just know the law, but also the community. We approach every situation with perspective, stability, and a practical mindset. Our clients trust us not only to get the paperwork right, but also to help them move forward with clarity and confidence. If you’re facing a separation, starting a new relationship, or looking to secure your future our team is here to help you understand your options in a way that works for you. Book a confidential consultation with us today and take the first step toward peace of mind.

When you’re facing a legal issue, it’s natural to feel unsure about where to start. Legal processes can be complex, and it helps to know that you have trained professionals on your side who understand how to navigate them properly. Whether it’s buying a home, handling a dispute, or managing a family matter, working with qualified legal experts means your matter is being handled with care, skill, and integrity. At Willis Legal, we understand those concerns - and we also believe that transparency and education are the best ways to build trust. So, let’s take a closer look at what it actually takes to become a lawyer or legal executive in New Zealand, and the high professional standards all legal professionals are held to - year after year. What’s the difference between a barrister, solicitor, and legal executive? Solicitor Solicitors are usually your first point of contact for legal advice. They handle a wide range of matters like property and business transactions, family law, wills, enduring powers of attorney and business issues. Our Family Team and Dispute Resolution Team lawyers appear in court (both the Family Court and High Court) regularly, and when required, the District Court, Environment Court, Employment Relations Authority, Court of Appeal, and the Supreme Court (less often). Sometimes solicitors “brief” (engage or instruct) barristers to appear in court for more complex civil litigation, like a Supreme Court appeal hearing. All Willis Legal lawyers are “barristers and solicitors”. Barrister A barrister is a lawyer who usually specialises in courtroom advocacy and does not operate a trust account. While barristers are common in criminal law and family law, for civil matters, they’re usually engaged by solicitors to represent clients in higher courts or in complex legal matters. Willis Legal works with a number of barristers across New Zealand in relation to different legal matters when required. Legal Executive Legal executives are qualified legal professionals who work closely with solicitors, often in areas like conveyancing (buying and selling of property), wills, enduring powers of attorney, probate, and estate administration. They are trained and can be accredited through Legal Executives New Zealand ( LENZ ). Legal executives accredited through LENZ are called “Registered Legal Executives”. Legal executives play a crucial role in the delivery of legal services, particularly in property and documentation-heavy areas, like estates. Once they have over eight years' experience as a Registered Legal Executive, they can become a “Fellow” of LENZ. Becoming a legal professional: the path and the commitment Becoming a lawyer or legal executive in New Zealand isn’t just about getting a qualification and a job title. It’s about upholding trust, ethics, and accountability. To become a lawyer (barrister or solicitor), you must: complete a Bachelor of Laws (LL.B) from a recognised university; complete the Professional Legal Studies Course (also known as “profs”); be admitted to the bar by the High Court of New Zealand; and apply for and hold a current Practising Certificate as a barrister and solicitor (administered by the New Zealand Law Society), which must be renewed annually. Every year, lawyers must declare their fitness to practice, by answering a number of questions, including: all fundamental obligations as laid out in section 4 of the Lawyers and Conveyancers Act 2006, including adhering to the rules of conduct and client care for lawyers ( Lawyers and Conveyancers Act 2006 (Lawyers: Conduct and Client Care) Rules 2008); uphold the rule of law and protect the interests of their clients; declaring any criminal convictions, financial issues such as bankruptcy or tax defaults, any complaints or disciplinary actions, or any mental or physical health condition which might affect their ability to practise law; and proof that they have completed the required amount of Continuing Professional Development. This process is designed to protect clients and maintain the public’s confidence in the profession. What this means for you When you work with a legal professional - whether a solicitor, barrister, or legal executive - you’re working with someone who has gone through rigorous training and is held to strict professional standards. We know that legal outcomes can sometimes be frustrating, especially when the law doesn’t deliver the result you were hoping for. But rest assured: our team is committed to acting in your best interests, upholding the law, and delivering the best service we can within the framework of the legal system. If you ever have a question about your legal process, we’re here to talk you through it. Willis Legal Professional. Principled. On your side.

New Zealand’s Healthy Homes standards have been rolling out since 1 July 2019 , culminating in a final compliance deadline of 1 July 2025 for all private residential rentals. These standards cover essential areas like heating, insulation, ventilation, moisture, drainage, and draught stopping, ensuring homes are safe, warm, and healthy. Key compliance time frames Tenancies that began or were renewed between 1 July 2021 – 27 August 2022 : Must meet standards within 90 days of tenancy start or renewal. Tenancies that began or were renewed between 28 August 2022 – 2 March 2025 : Now have up to 120 days to comply — extended due to legislative updates . Tenancies started on or after 3 March 2025 : Must comply with the 1 July 2025 deadline. All existing periodic tenancies , regardless of start date: Are also required to meet standards by 1 July 2025  New compliance statements are mandatory From 1 December 2020, it's illegal to ignore the requirement for a signed compliance statement in new or renewed tenancy agreements. This must detail the property’s current level of compliance. Failing to include this in the tenancy agreement can attract penalties of up to $500 per tenancy. Penalties & tenant rights Landlords who do not comply risk: Fines up to $7,200 per breach under the Residential Tenancies Act. Tenants can issue a 14-day notice to remedy issues. If ignored, they may apply to the Tenancy Tribunal. We see that high volumes of disputes are emerging, especially in student accommodation. Why does this matter? For tenants : You're entitled to a rental that’s warm and dry from 1 July 2025 onward — and you’ve got legal mechanisms to enforce this. For landlords : Compliance isn’t optional — it’s law. Even a single standards omission can result in Tribunal orders, rent rebates, and reputational damage. What you should do now Landlords : Book a Healthy Homes Assessment to identify what’s needed. A Healthy Homes Assessment is a property check carried out by a qualified assessor to see whether your rental meets New Zealand’s legal standards for heating, insulation, ventilation, and more. Assessments aren’t mandatory, but they’re a smart way to avoid guesswork and ensure you’re on track. Providers vary by region and service, so it’s worth doing a bit of research to find one that suits your needs. Ensure all relevant tenancy agreements include the compliance statement , and maintain evidence (eg invoices, inspection certificates). Plan and complete works before 1 July 2025 , the final deadline. Tenants : Review your tenancy agreement or ask for the compliance statement if you haven’t seen it. If your property doesn’t meet the standards, talk to your landlord. If unresolved within 14 days, consider a formal notice to remedy and prepare to go to the Tenancy Tribunal. While many landlords may have allowed compliance to drift, the law is clear: from 1 July 2025 , all rental properties must meet Healthy Homes standards , without exceptions. By getting informed and proactive now, everyone — landlords, tenants, property managers — can avoid penalties, legal disputes, and, most importantly, poor living conditions.

Know Your Rights and Obligations at Renewal Time