Package includes:

On Demand Module  l  Electronic booklet  l  PowerPoint Presentation

Package Fee (incl GST)

• $115 - NZLS members and Associate members
• $149 - Non-members

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

It is becoming ever more difficult to save for a deposit on a house and, increasingly, home buyers are turning to parents, family members and others for financial assistance to take their first step on the property ladder. These arrangements begin with the best of intentions; however, things can get complicated when the parties have differing understandings of what was agreed, with a key dispute often being whether the funds were a gift or a loan. This module will help enable you to work effectively with your clients in ensuring clarity about what is being agreed and in providing robust advice if issues do emerge.

This module will include:

• A breakdown of the best way forward between a loan, a gift, or an investment
• A discussion of the principles
• An explanation of the possible implications
• A discussion of what evidence and documents are more relevant
• An explanation of how to prepare for court
• Ways to avoid court
• An overview of recent cases.

Learning objectives

By completing this module you will:

• Increase your knowledge of best practice in case preparation.
• Have knowledge of the common pitfalls to watch out for and how to avoid them.

Electronic paper 

Authors: Amanda Donovan, Ben Jefferson
Published: 5 June 2024
Pages: 28

Introduction

This paper serves as an update of the paper presented by Amanda Donovan and Ben Jefferson for the NZLS CLE Webinar: Gift or Loan? That paper was originally prepared and presented by his Honour Judge Muir and Amanda Donovan for the 2017 Family Law conference. Both this paper and the 2021 paper also draw assistance from the 2018 NZLS CLE Webinar: Gift or Loan? paper, which was authored by Jeremy Sutton and Ben Snedden.

The writers were also assisted in the preparation of this paper by the two articles on the subject authored by Ruiping Ye, Lecturer, Faculty of Law, Victoria University of Wellington.

PowerPoint Presentation

These are the slides included in the presentation.