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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22619
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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If a person has been put into a home permanently and off the

Customer Question

If a person has been put into a home permanently and off the property for over 3 months, in there will they have cessation being 3months off the property or death , what does that mean for the other owner of the property?
Submitted: 6 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 6 months ago.
They remain an owner of the property until their interest is transferred or until death. I am not sure what you mean by cessation in this context. More detail will help me so please follow up
Customer: replied 6 months ago.
This is for my sister whom mental health put into a 24hr care home she is a 1/3 owner but cannot and has not contributed anything to the home renovations or bills for the property ever since we moved there 4yrs ago, being in a home permanently she now cannot , I have spent 60,000 in the past 4 months renovating it and at least 130,000 in renovations and house hold bill in the past 4yrs , I live in the property but my sister has no interest in it nor can she help now anyway we get on fine and I look after her as the home is not far ,that's about it really
Customer: replied 6 months ago.
My sister has no dependants, I am her only family
Customer: replied 6 months ago.
Her will reads the cessation date shall be the date when the first of the following events occur A, the death of ------- B, the date --------- in writing notifies my trustee that she no longer wishes to have the use occupation and enjoyment of the residence. C, the date when --------- no longer resides in the property for a period of three months.
C, is what I am inquiring about as she is permanently in 24 hr
Expert:  Chris The Lawyer replied 6 months ago.
That should trigger the clause but does she have someone appointed as her enduring power of attorney for property? If that is you, then you could relinquish her interest in the property on her behalf
Customer: replied 6 months ago.
I am her EPA and Executor, I was left my brothers 1/3 in his Will my wife and I already owned one third would this having EPA and Executor have a bearing on me (come back) as being the soul beneficiary
Customer: replied 6 months ago.
Also if that triggers that 3 month clause would that mean the house should just turn over into my name
Expert:  Chris The Lawyer replied 6 months ago.

It is the case that you could just transfer the property, to you in your own name, but you should consult with your lawyer first. I suggest this because you are anticipating her death but are in a position of possible conflict of interest

Customer: replied 6 months ago.
On the contrary I predict she will live for a good time yet as it is clause C that interests me but being in permanent care does not have or will have any interest in the property ever, I feel like we went in a bit of a circle but thank you for your advice
Expert:  Chris The Lawyer replied 6 months ago.
I don't think her status of being in permanent care means she must lose her interest in the property but I haven't reviewed all of the documents to check that

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