1. Myth: “The Property Relationships Act applies after 2 years!” - Wrong Generally, the time period for a relationship to become what is known as a qualifying relationship under the Property (Relationships) Act 1976 is 3 years from the commencement of the relationship. This time period can be shorter if there is a child in the relationship or the applicant has made a substantial contribution to the relationship. The 2 year period is the period a married couple must be separated before the marriage can be dissolved (i.e. divorced). 2. Myth: “It’s my property – I can leave it to whomever I want!” Wrong (sort of) This statement highlights the tension between what lawyers refer to as “testamentary freedom” that a Will-maker has and rights certain persons have under various statutes and law. While it is true that a Will-maker can do what they want with their property, this is not absolute. A Court can order a different distribution where a Will-maker fails in what is known as their “moral duty” to make “proper maintenance and support” for family members. In addition partners have rights under the Property (Relationships) Act 1976, and the Law Reform (Testamentary Promises) Act 1949 can assist persons to whom the Will-maker has made promises to provide for them in return for work or services done in the Will-maker’s lifetime. The rules of equity may also affect the Will-maker’s testamentary freedom. 3. Myth: “I’ve been in a relationship for 30 years so surely I can make decisions for my partner who has lost mental capacity!” – Wrong Despite the length of a relationship (marriage/de facto/civil union) if one of the partners loses mental capacity the other partner has no right to make decisions for their incapacitated partner in relation to their property and/or their personal care and welfare, unless the incapacitated partner has completed Enduring Powers of Attorney. If the incapacitated partner has not completed Enduring Powers of Attorney applications to the Family Court will need to be made for the appointment of a Property Manager (or Administrator if there are not significant assets) and a Welfare Guardian. 4. Myth: “I can buy/sell a house without a lawyer involved” – Wrong (sort of) In theory, a layperson can buy or sell a home without the involvement of a lawyer but (and it is a big but) it would be very difficult to do so (not to mention the risk of doing so). If bank lending is involved, the bank will insist on the involvement of a lawyer to act on its behalf and may even decline to lend if a buyer is not legally represented. Even if the bank was prepared to lend it is likely it and its lawyers would impose so many conditions and requirements (in order to protect the bank’s position) that it may be practically too difficult for a buyer act for themselves. Furthermore, with the land register now being predominantly electronic, relying on lawyers with the requisite certifications, it will be difficult for a non-licenced person to transact the registrations. Again, in theory, these can be done manually in paper form but the formalities involved in doing so is likely to make it practically difficult (if not impossible) for a buyer or seller to do so. This is general information about the current law, not advice on a specific matter. Article by: Kevin Callinicos
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We're pleased to shine a light on Harry Calcott, a solicitor in our Property Team. If you've worked with Harry Calcott , you'll know he has a knack for making complicated processes feel straightforward. As part of our Property Team, based in our Hastings office, Harry guides clients through some of the biggest moments of their lives, and he brings genuine care to every step of the way. Although, Harry didn't set out to be a property lawyer. The plan, when he graduated with his Bachelor of Law and Commerce, was criminal law. He spent time as a law clerk with the Public Defence Service, a grounding experience that gave him an early look at the realities of legal practice, but somewhere along the way, something shifted. "I realised I was drawn to helping clients through positive milestones rather than difficult disputes," he says. The work of guiding people through important life events, buying a home, planning for the future, felt more like where he was meant to be. His commerce background turned out to complement property law naturally, and what might have looked like a change of direction began to feel inevitable. Sometimes the path surprises you. For Harry, one of the most rewarding parts of the job is sitting across the table from a first home buyer. He knows the process can feel overwhelming, and he's deliberate about making it feel anything but. "I try to provide as much information and reassurance as possible to make the process straightforward and stress free." What keeps it meaningful, he says, is the people themselves, the excitement and optimism that first home buyers bring with them is something that never gets old. "It's a privilege to be part of such an important milestone in their lives." Harry made the move from Wellington to Hawke's Bay to join the Willis Legal team, and by the sound of it, he's settled in well. If you're visiting him in the region, he'll take you to Sutto for the eggs benedict or Kami for sushi, then walk you around Windsor Park. It's a low-key itinerary that suits him; good food, fresh air, no fuss. The weekends follow a similar pattern. Good food, sport, time outdoors when the weather allows, and getting organised for the week ahead, plus the odd trip back to Wellington to visit friends and family. For someone who spends his working days helping clients prepare for the moments that matter most, a little structure away from the office clearly goes a long way. Harry is a solicitor at Willis Legal. If you're buying your first home, planning for the future, or simply want someone in your corner who'll make the process feel manageable, get in touch with us today.
