Members Area
    
 
   

CIVIL LAW

Charitable Trusts

 Select Topic
 
 Related Topics
Feedback/Reviews/Blogs


This site gives all the basic information about charitable trusts, when to use tham and how to form one.

If you wish your property to be used for a charitable purpose you may decide to establish a charitable trust.

A charitable trust differs from other trusts in that it does not have particular beneficiaries but instead is for a particular purpose.

This type of trust therefore need only identify a class of people and not particular individuals as beneficiaries. See our related sites through the direct links below :

Trusts

Inheritance Trusts

As with creating any trust you should choose the trustees carefully.

THE CHARITABLE PURPOSE

A charitable trust must have one of four basic purposes :

  • relief of poverty
  • advancement of education
  • advancement of religion
  • some other purpose that is of benefit to the community

REGISTRATION UNDER THE CHARITABLE TRUSTS ACT 1957

You may decide to take advantage of the many benefits that arise through registering the trustees as a trust board under the Charitable Trusts Act 1957.

We also provide you with a direct link to the Government legislation site where you can look up ALL Acts of Parliament and Regulations and Rules. An Act is also known as a Statute. A Regulation is also sometimes known as a Rule. This Government legislation site is still going through some teething problems. But you will be able to access all legislation and find specific Acts and Rules and individual sections.

Statutes
Statutory Regulations
Local & Private Acts

Registration under the Act may allow the trust to enjoy many tax exemptions, including donations bei

.....The first part of this topic has been displayed free of charge. Join up for $45 to have access to this and all other topics!


Feedback/Reviews/Blogs
Feedback/Blogs/Reviews from related topic: Bankruptcy and Insolvency
"Membership No 186685
I have been unable to acquire any case law in regards to bankruptcy. I am thge alleged defendant in the matter and have opposed the application for bankruptcy as I am not the defendant. The case is now at the stage of the high court requiring a synopsis under 251a, I wish to make submissions in not being notified of the hearing at the district court after the notice of proceeding was served. The matter then got judgement without my knowledge and is now before the high court for bankruptcy. Please advise the procedure to locate any supportive case law that may assist with my application to set aside the bankrupcy claim.

Kindest Regards
A.Marsh
I "

"You will certainly get a rehearing if you were not notified but, if you simply misread the documents you were originally served with then you could be in trouble. You must actively follow up on your obligation to file and serve a defence and not just wait for the Court to come to you. Good luck . . . Netlaw "
"Likewise . . . very helpful. Thanks. Gerald - May 2007 - Tauranga"
"Received notice from a creditors lawyer that they wish to put in companiy into liquidation and I have up to today upon receiving their letter. A Statory Demand was intially sent on 7 Aril 2008, which I reponded with a reply explaining that an arrangement (verbal) had been entered in by both parties which was to continue supply, once company got post dated cheques, company stopped surpply and but still continued to present cheques which was not the agreement which was entred into.
What position does that leave me if I want to legal challenge this. Without causing me excessive expresses.

Rina

Netlaw responds: If you say that they cannot properly sue because there was a new agreement for time payment, then you can apply for an injunction saying that the Statutory Demand Notice is wrong. But it will cost you. An injunction should not be done without legal advice. Type up a Statement setting out precisiely all the facts as you know them and see a lawyer as soon as possible. A letter shouid be sent to the other side saying how inappropriate the Demand procedure is when the subsequent agreement between the parties was made and kept by you. But you must get your facts right!"

Feedback/Blogs/Reviews from related topic: Bankruptcy and Insolvency
"I found all this Company Law stuff really helpful. Not too academic but enough to get a really good grounding in some of the pitfalls. You need to read all the company topics to get a handle on this huge area. Anthony - Christchurch - April 2007"
Feedback/Blogs/Reviews from related topic: Bankruptcy and Insolvency
"I got so much from this site. You are right. It is better to "upskill" myself first before paying megabucks to a lawyer just to get an opinion.

I liked access to the case law and the real life submissions. Tim Shadbolt's case was a dag. How much did he get? Bud. Auckland

Thanks a lot . . . Max (Devonport)"

Feedback/Blogs/Reviews from related topic: Bankruptcy and Insolvency
"Bloody Hell! You provide us with the documentation as well! This is great stuff. I will still use a lawyer but I now have enough information to make some informed decisions myself.
Kevin M - Hamilton"

Feedback/Blogs/Reviews from related topic: Bankruptcy and Insolvency
"Helpful . . . Muriel"
"Gosh these Trust documents are so long. There should be shorter documents. but I suppose they are necessary. But good of you to include so many docments in your site. We have been helped by your wills sites too. John Mc."
"Bloody Hell! You provide us with the documentation as well! This is great stuff. I will still use a lawyer but I now have enough information to make some informed decisions myself.
Kevin M - Hamilton"

Feedback/Blogs/Reviews from related topic: Bankruptcy and Insolvency
"Dear Net Law,
I am perplexed on a matter concerning challenging a will. My father is a very elderly man living in New Zealand, my mother passed away some 35 years ago; I have 6 siblings – 5 males - 1 female all well over the age of 18 years. My father has verbally informed me I shall not be a beneficiary, and/or at best in a minor way. I am not an executor of my fathers will nor have I have seen its contents. My father’s verbal communication has various versions dependent upon his mood. As I understand the situation from your website I can get a copy of my fathers will once probate has been granted and the will is in the public domain, hence one can then get a full understanding of the contents of the will. However how does one challenge a will once probate has been granted?

Netlaw advises: You must advise the executor of the will within 6 months that you intend making a claim and you have 12 months from probate being granted to lodge the claim. But do so as soon as you can.

Netlaw
"

"Dear Netlaw,
I have just found out that i have been left out of my grandparents will. I am 1 of 4 grandchildren and the others are named in the will. How successful might i be in contesting and what is the first step in this process - i am not sure at this point wether it is financially viable to contest as i may end up spending more money contesting through lawyers - your thoughts?
Thanks.

Netlaw replies: You are able to contest a will of a grandparent. Equal sharing is NOT one of the legal principles but the Family Court would want to know why you were left out. We have all the law and procedure on Netlaw but try a good look at the New Zealand Family Court website and look for headings under the Family Protection Act 1955 or "Contesting a Will". There is some good stuff on that website. You could do it yourself if you are prepared to spend a bit of time. There is a section on the Family Court website on representing yourself.

Hope this helps . . . Richard at Netlaw"

Feedback/Blogs/Reviews from related topic: Bankruptcy and Insolvency
"Very helpful . . . McBreen"
"Now that I understand the principles it has made it easier for me to prepare and make final decisions. thank you. Kirsten."
"Great coverage to have it all laid out. Could you try and give us some uncomplicated documents. yours are useful but are there any simpler docs? Keep up the good work. A really helpful website. Graeme H. Wellington - May 2007"
"I have made good use of this topic and the other topics on Wills. Well done. Jim H (retired) - Devonport - May 2007"
"Bloody Hell! You provide us with the documentation as well! This is great stuff. I will still use a lawyer but I now have enough information to make some informed decisions myself.
Kevin M - Hamilton"

"Hi Netlaw...i have found your site very helpful to me in applying for a parent order. Anexcellent site with the right information, easy to use steps.

Thanks so much :)))"

"HI, posted yesterday trying to find application boilerplate for challenging will due to unsound mind (with medical evidence). Thanks"
Feedback/Blogs/Reviews from related topic: Bankruptcy and Insolvency
"Can the Family Protection Act help 2 kids 11 and 13 to some provision from their fathers estate when there is no will. They live with their mother (divorced from late father) and now his defacto (no children involved) is claiming everything and not willing to make any provision for these children. House and furniture gone to her as purchsed jointly but there is still balance of insurance, super ann. ute, boat and personal effects that could be dispersed to them. At present all they have is hte ACC weekly payment that replaces the child support thir father paid.
Is there anything fathers family can do to get something for his boys? Any thoughts or othe similar experiences??

Netlaw replies: YES. A claim can be made if there is no will. It sounds as if they have a very dtrong case. See a lawyer immediately.

"

"Dear Netlaw,
Our father had a will which was invalidated by a 3-day form of marriage. The woman in question got divorced 1-month before and married our father when he was in a semi-coma and he died 3-days later. The supposed spouse is now applying to be Administrator under the Administration Act and after $121,000 + 1/3 share of remaining property. Could you please advise, do the children (there are 4 of us) have any remedies? Your expertise will be gratefully received and is very much appreciated, thank you.

Netlaw replies: Yes. Children can file a claim under the Family Protection Act 1955 asking the Family Court to provide "further provision" from the will. Our special topic "Family Protection Act 1955" covers the principles.

But in this case, you might also be able to challenge the validity of the new will on the basis of your father's medical condition and possibly on the basis that he signed under pressure."

"Hi
I have a mother who is 80 years old with dementia. We (6 children) don't think she has a will and no EPOA. She has no real assets except $8000 in the bank which is intended for her funeral. Are we likely to run into any problems or major costs if no will exists at her death. Is there anything we could do now to make life easier in the event of her death. I'm guessing if she doesn't have a will now, its probably too late.
Any help would be much appreciated.

Thanks

Netlaw replies - It is too late unfortunately. See a lawyer."

Feedback/Blogs/Reviews from related topic: Bankruptcy and Insolvency
"My husband and I liked all this information. Keep it up please! Well worth the $45. We have spent so much on lawyers, blast them. I suppose they are necessary but when we see these concepts set out simply by you in Netlaw we wonder what all the secrecy and fuss was about in other matters. "
"I have heard that through the Will I am able to gift up to $27 500.00 of my property per year to some one that I want to inherit without paying gifting fees where do I find a template for this

Netlaw answers: Good morning,

You posted a blog on Netlaw this morning. We reply as follows.

Gift duty is not payable on money or assets which pass under your will. Therefore, you can leave $1,000,000 to someone in your will and it is not classified as a gift.
However, if you wanted to give someone $1 million during your lifetime then that would attract gift duty at 40 cents in the dollar (subject to a more specific calculation about a lesser amount of gift duty in some bands above $27,000) for any amount gifted over $27,000 per year. This is why gift programmes over a number of years have to be set up during the course of your lifetime to avoid or minimise paying gift duty.
But we repeat - money or assets left under a will are not treated as gifts for gift duty purposes. Nor are death duties payable any more. They were abolished well over 10 years ago.

Cheers . . . . Netlaw"

 Select Topic
 
 Related Topics