Articles and information on Trusts


1. Conditions of service for creating your own documents

Agreement

1. These terms and conditions bind each party and once both parties have agreed by email in writing or verbally to use this service 
2. We agree to provide online services, including:a. giving general legal advice on the formation of certain named legal documents
b. the technical facilitation of the online service for formation of above documents. 3. You agree to submit your details to allow document formation.
4. You agree to pay your share of the fees as invoiced and specified by us before the documents are set up or delivered.
5. Our document process includes agreeing: The process and any documents formed and all information obtained by us is confidential and cannot be referred to except as required by law.

Certification
  1. You agree to pay your fees as invoiced for certification.
  2. If certification cannot be completed for valid reasons acceptable to us we will refund you the amount invoiced less any fees for the time our experts have taken on your matter (where applicable). This may include any fees for legal advice provided by us to one party in the relationship property or separation agreement context.
  3. We do not take any responsibility for your purchase of a relationship property or separation agreement, where that agreement is deemed to be unsuitable for your purposes.

2. Information and privacy

  1. We will take reasonable care to ensure the material you upload will remain secure.

2. Our privacy policy describes how we collect information from visitors of our site, how it is stored and what we do with it. We are responsible with respect to data collection, and explain what information will be collected and how. Clients can contact us to view what data we have stored about them as well as giving them the opportunity to request that any data we hold about them be deleted.

3. Copyright. All the written content we create or have someone create for us automatically receives copyright in New Zealand.

4.Any general information provided should not be regarded as legal advice unless you have provided us with personal details and circumstances that allows us to do so as qualified legal professionals who hold valid practising certificates.

3. AGREEMENT ON TERMS OF ENGAGEMENT TO PROVIDE LEGAL SERVICES

CLIENT(S) NAME:                              TRUST NAME:             
CLIENT ADDRESS:              
EMAIL:      
SETTLORS:  
TRUSTEES: 
TRUST SETUP DATE: 
GST NO.:   TRUST IRD NO.:   INSTRUCTIONS:
ESTIMATED CHARGES:             $…
LETTER OF QUOTE: 
INTRODUCTION                             

 At Waikato Trust Law we pride ourselves on providing a personal and reliable service to all our clients. You are not merely a client file, or number. Each of you is an integral part of the structure of
Waikato Trust Law We are always grateful when our clients express their satisfaction in how their affairs have been handled. If for any reason, however, you’re unhappy with your experience with us, please let us know so we can take steps to ensure that matters run smoothly and efficiently for our continued dealing

As part of our promise to you we endeavour to ensure that all your Trust matters are handled in an efficient and timely matter. As a reciprocal consideration we appreciate prompt settlement of fees incurred for our services upon presentation of your account. Our expectation is that your accounts will be settled within seven days. Should you be experiencing difficulty in settling an account, please raise this with us during our dealings so an alternative payment option can be arranged, and we can continue to provide the service you value.

FURTHER TERMS AND CONDITIONS OF ENGAGEMENT

FOR THE PROVISION OF TRUST LEGAL SERVICES


  1. Waikato Trust Law fees are charges in accordance with guidelines laid down by the Rules of Professional Conduct of the New Zealand Law Society. In fixing the fee our office is entitled to take account of matters such as:
  1. The time spent;
    1. The skill and knowledge and responsibility required;
    2. The value of property involved;
    3. The complexity novelty importance and urgency of the matter;
    4. The reasonable costs of running a practice; and
    5. The result
  • Client’s Instructions —
  1. Waikato Trust Law will act in the Client’s best interest to carry out the Client’s instructions and
    Waikato Trust Law reserves the right to cease to act where the Client cannot or will not provide instructions required in addition to those specified above;
    1. Waikato Trust Law will take reasonable steps to keep the Client’s informed of all steps taken to carry out the instructions of the Client; and
    2. The Client accepts liability to pay the account that
      Waikato Trust Law will render for all work done together with disbursements incurred in respect of such instructions.
  • At all times the
    Waikato Trust Law will give an initial estimate in writing. If for any reason work does not proceed as
    Waikato Trust Law had expected due to unexpected complications or if the work proves more complicated than originally anticipated, then
    Waikato Trust Law may charge for all additional work done but only when
    Waikato Trust Law has advised the Client’s of such additional costs and the reason for that increase.
  • Cash Payments —
  1. Some payments may have to be made to other people for work to be done, such as filing fees, search fees, agency fees and similar payments called disbursements.
    Waikato Trust Law cannot pay these amounts for Clients unless they have received some form of payment and the
    Waikato Trust Law therefore reserves the right to request for such specific amounts, all as set out in writing beforehand to cover such expenses to ensure that
    Waikato Trust Law is not financially disadvantaged.
  2. If Waikato Trust Law instructs any other person (including Counsel or another practitioner) then
    Waikato Trust Law reserves the right to require payment of that person’s estimated fees into the
    Waikato Trust Law bank account beforehand. By instructing that person the
    Waikato Trust Law undertakes an obligation to pay that person’s fees and accordingly requires to be protected for these.
    Waikato Trust Law may require the Client to enter a payment arrangement directly with that person.
  • Payments of accounts are all due within 14 days of the date issue of the invoice and if
    Waikato Trust Law is holding money for clients then the office may deduct the amount owing from that money and give the client full statement.
  • If the Client anticipates difficulty in payment of any account then they must contact
    Waikato Trust Law immediately on receipt of an account and discuss arrangements for payments. Interest may be charged on any account which is more than one month overdue. Interest is then calculated at the rate of 5% above the firm’s bank overdraft rate applying one month from the date that payment became due.
  • Where work has been done by
    Waikato Trust Law but Waikato Trust Law has not been paid by the client then as a general rule Waikato Trust Law has the right to retain the original documents and correspondence on the client’s file until such time as all outstanding fees, disbursements and other expenses have been paid. This is known as a lien and is particularly important in circumstances where a Client decides, for whatever reason, to instruct another firm. The other firm may be obliged to give an undertaking to the
    Waikato Trust Law to pay all outstanding fees and disbursements before such a Client’s file is released to them.
  • In case of any complaints about our service to you whether that is for our law office work or for the provision of documents which you draw up yourself we urge you to contact Martin Jago of our office first as soon as possible, to see if we can remedy your situation.

In those matters where that is impossible or when you do not wish to further avail us of our services then your next avenue of complaint is the Law Society in Auckland. They  can be found on their website under that name and provide an application form for you to fill in to start the procedure.