Harmans Lawyers
At a glance
- Name
- Harmans Lawyers
- Category
- Legal
- Address
- Level 2
Westpac Building
79-81 Cashel Steet
Central City
Christchurch 8011 - Region
- Canterbury
- Phone
- View Phone Number
- Fax
- View Fax Number
- View Email Address
- Web
- Visit Website
Personnel
- Seniors Law
- Victoria Agnew - 03 379 7835
Photos
Map
Visit us in our office within the Central City, or we can come to you with our home visit service and other alternative locations. We now offer a convenient meeting location in Papanui.
Our Seniors Team is here to help you through all stages of life. We specialise in:
•Wills
•Enduring Powers of Attorney
•Occupation Right Agreements
•Rest Home Subsidies or Loans
•Funeral Trusts
•Conveyancing
•Trusts
•Estate Planning
•Asset Protection
•Family Law
•Litigation
Service Description
| Elderly Services & Seniors Law Team Having provided a full range of legal services to the people of Canterbury since 1888 it was a natural progression for Harmans to establish and develop areas of law that will provide their clients with expert advice in an increasingly diversified legal environment. One such speciality area of law is the Elderly Services and Seniors Law Team, which was formed by Harmans in 1999 to coincide with the International Year of the Older Person. Over the past 23 years, the Seniors Law Team has built on those early foundations and continues to diversify and grow as the baby boomer generation moves into retirement and the need for specialist legal advice in this area of law rapidly increases. Examples of specialist areas of law, with a specific impact on seniors, are: •the growth of the retirement village industry and the need for expert legal advice prior to entry into an Occupation Right Agreement •the criteria surrounding eligibility for a Residential Care Subsidy, which requires a working knowledge of the current regulations, including the relevant asset and income testing levels and the Work and Income gifting regime, particularly in relation to Discretionary or Family Trusts •property ownership and how this may impact on you and your family as you move into retirement The Seniors Law Team also ensures that clients have: •robust advice on asset protection and estate planning and how this will affect them as they move into retirement •valid Enduring Powers of Attorney for both Property and Personal Care & Welfare •valid Wills •assistance with a variety of legal work such as, conveyancing, Trust formation and on-going administration Harmans Seniors Law Team is based at our City office. One of our goals is to ensure that all of our Senior clients have access to legal advice and assistance. Sometimes that requires us to take our service to our clients. We can therefore arrange appointments in our clients’ homes, or when required, in the care facility or hospital they are residing in, either to take instructions or to witness their execution of the documents. |
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Updated: 24 Jun 2024 |
Legal
| Experienced in | Status | Details |
|---|---|---|
| Enduring power of attorney | Yes | |
| Family Law | Yes | |
| Retirement Village | Yes | |
| Residential care contracts | Yes | |
| Trusts | Yes | |
| Wills | Yes | |
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Updated: 24 Jun 2024 |
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Languages Spoken
| Language | Status | Details |
|---|---|---|
| English | Yes | |
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Updated: 24 Jun 2024 |
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What's New
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Residential Care Subsidy Published July 2024 The Residential Care Subsidy (“subsidy”) is paid by the Ministry of Health to assist with the costs of long-term residential care (“long-term care”). It is paid directly to the rest home or hospital where the person lives. There is a three-step process to determine whether a person is eligible for the subsidy. 1) Needs Assessment This assessment determines whether a person needs long-term care. An application can be made to a Needs Assessment Service Co-ordination service (“NASC”) directly, through Te Whatu Ora, or by asking the person’s doctor, or other health provider. The NASC will arrange the assessment and provide the results to the person assessed and the provider who is providing them care. If the person is aged 65 or over and the assessment shows that the person needs care, a subsidy application form will be provided. The completed form must be provided to Work and Income (WINZ). WINZ will then carry out a means assessment. This involves assessing the person’s assets and income. If the person is under 65 and has a partner, no further steps need to be taken. 2) Asset Assessment If the person is between 50 and 64 years old and has no partner nor dependent children, they will automatically meet the asset test. If the person is 65 or older, the total of their assets and those of their partner must be $284,636 or less, including the family home and personal vehicle. If the person has a partner who is not in long-term care, they can choose whether the total value of their combined assets includes the value of the family home and vehicle. If the person chooses not to include these, then the total assets must be $155,873 or less. Any assets that have been gifted by the person and their partner above the limit will be included as assets. The limits are:
If the person is not eligible for the subsidy as a result of the means assessment, they may be able to get a Residential Care Loan. 3) Income Assessment The result of this assessment determines how much the person must contribute to their long-term care. The subsidy will be the difference between this amount and the cost for the long-term care. Each region has a maximum contribution cost that the person can pay towards their care if they are assessed as needing care and receive contracted care services, regardless of the results of the means assessment. The maximum contribution ranges between $1,355.76 and $1,464.26 per week. For assistance with the subsidy, please contact Victoria at 035502854 or victoria.agnew@harmans.co.nz.
What does the role of “executor” in my Will entail? Published June 2024
When preparing a Will, you will be asked to appoint one or more people to act as your executor. The executor’s role is to carry out the terms of your Will, and where possible, see to it that your wishes are complied with. Your executor is responsible for taking care of your assets until they are distributed to the beneficiaries of the Will, as well as ensuring the debts of the estate are paid. If an application for probate is required, the executor will, with the assistance of your estate’s lawyer, be the one who makes the application to the High Court. If your nominated executor (and/or any successors named in your Will) is unable or unwilling to act as your executor, then an administrator will be appointed. This is usually the person who has the greatest beneficial interest in your estate. So, it is important that you take into consideration your chosen executors’ age and circumstances when nominating them in your Will. Often you will nominate a family member or friend to act as executor, however in some cases it might be wise to appoint a trusted professional advisor such as a lawyer or an accountant (either on their own, or jointly with your family member or friend). This is often useful where there is a blended family, or complicated family dynamics. The role of an executor is one of great responsibility. Your executor must account to the beneficiaries of your estate with regards to the administration and distribution of your estate, deal with any disgruntled beneficiaries and family members, and deal with any claims against your estate. Therefore it is important that a suitably responsible person is appointed to this role. The friendly and experienced team at Harmans specialises in estate planning and can assist you in making a Will, or reviewing your existing Will to make sure not only that it still accurately represents your wishes, but that you have appointed the best people for the position of executor.
Challenging Wills - the Family Protection Act Published Feb 2024 Family relationships have become more complex over the years. As a result challenges to Wills have also become more common. One way of challenging a Will is under the Family Protection Act 1955. A spouse, de facto partner, child or grandchild of a deceased person is entitled to claim provision from an estate if adequate provision has not been made for their proper maintenance and support. The Courts often refer to this as a failure of “a moral duty” on the part of the deceased person. In rare circumstances, where a stepchild or parent was being financially supported by the deceased person they can also make a claim. Claims are often made by adult children. A breach of moral duty is judged by the standards of a wise and just deceased at the time of his or her passing. The Courts adopt a broad approach and each case is decided on its own particular facts. Financial need and the health of the child making the claim are often the most important factors. However even if an adult child is in good health and in a good financial position they may still have a valid claim. The Courts point out that a child’s path through life is recognised in a Will not only through financial provision to meet financial needs but also to recognise a child as belonging to the family and of having been an important part in the overall life of the deceased person. There are other factors which a Court will consider. The relationship which the child had with the deceased person will always be important. However the fact that a child was estranged from their deceased parent does not disqualify a child from making a claim. Sometimes the Court will find that it was up to the parent to be the “bigger person” and mend the relationship. Grandchildren are not usually considered by the Court as requiring an award unless there are special circumstances such as their own parent dying before the deceased grandparent. The Court is not restricted to particular considerations and must be aware of changing social attitudes over time. Due to the infinite variety of fact situations there can be no firm benchmark percentages for claims by surviving children. Where there is a large estate the Court is more likely to make a larger award. However where a child is well off and in good health awards are typically modest. A person making a Will may wish to consider persons beyond family members. Bearing in mind that a Will is often the last message that a person will give to their loved ones careful consideration is required particularly if children are to be treated unequally. Written reasons often help in this regard. There are other ways in which spouses, children and non-family members can challenge wills. As family relationships become more complex Wills need to be drafted to deal with those complexities. A carefully crafted Will by a lawyer can minimise the risks of a later challenge. |
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Updated: 22 Jul 2024 |