Frequently Asked Questions

I never knew that!

• What is the difference between Barristers and Solicitors?

  In New Zealand a Lawyer can be both a Barrister and a Solicitor. The principals of Murdoch Price are all Barristers and solicitors.
  
  However a Barrister can chose to do just Court Proceedings and considered legal opinions. Such a Barrister does not have clients and must be instructed by a law firm who take responsibility for the Court Documents and have the duty to ensure the Barristers fees are paid (to the extent of having to sue their own client if not paid).
  
  Court Proceedings are very time consuming and require detailed and extensive legal research of cases and commentary. A busy general practice law firm may have Litigation Lawyers for most cases but will engage specialist Barristers for major time intensive proceedings with the firm supplying support services to the Barrister including discussions as to the legal principles and facts of the case in hand.
  
  A useful analogy is Doctors. General Practitioners and Specialists are both Doctors but a specialist has more time to devote to his/her particular area of practice.

• Can I cancel a guarantee I have given?

  Usually yes but you remain liable for monies owing at the date of cancellation.
  Contact us to discuss the implications arising before taking that step.

• Is it compulsory to fence a residential boundary?

  No but if you are served with a fencing notice by your neighbour then this changes. If you do not comply with the proper procedures then you may find you have to contribute to a fence you don't want.
  See us FIRST to make sure you get it right

• Do I need to change my will if I and my spouse seperate?

  An ex-spouse cannot take a bequest under a will made before a seperation order granted by the Courts but this does not apply to a seperation agreement or informal seperation.
  See us urgently about changing your will.

• Do I need to make a new will if I marry?

  Marriage revokes a will but you can make a will expressed to be in contemplation of marriage which will not be revoked on marriage.
  Contact us to discuss a new will.

• What is the difference between tenants in common and joint tenants?

  Jointly owned property means the survivor or survivors own the property on death of an owner.
  Tenants in common means the share of the owner that dies passes to the owners Estate beneficiaries. Tenants in common can have unequal shares of the property.

• Does a solicitors approval clause enable me to cancel a contract if I change my mind?

  No. A solicitor can only disapprove under such a clause for conveyancing reasons. That is if any of the clauses are inappropriate. Not an easy task with standard form agreements.
  The clause you need is a due diligence clause drafted by us.

• Are all due diligence clauses the same?

  No. A vendor or his agent may want a restrictive clause where a purchaser may want a very open ended clause. A few strategically placed words can change the meaning significantly
  Contact us to draft a clause suitable for you.

• Do I need a shareholders agreement or constitution for my company?

  If you have more than one shareholder then the answer is probably yes to one of them. See the article on "Forming a Company" on the Legal Information page of this website.
  It is too late after a dispute arises.