Damian Smith

+ Trusts, wills and estates

Wills – For both your sake and your family’s, it’s important to have a will to ensure that your assets are distributed according to your wishes when you die. We’ll help you make (or update) a will so that people you trust are appointed as executors of your estate, and your spouse, children and grandchildren are provided for.

Enduring Power of Attorney – Damian can assist with setting up an EPA that gives control to a nominated person over your affairs if you are unable to act for yourself. Without an EPA, your next of kin will have to go to court to obtain welfare and property orders.

Family Trusts – Damian can help you consider the benefits of establishing a family trust, for example to protect your assets or relationship property. If you decide to form a trust, we’ll draft and prepare the necessary documentation.

Estate Administration – We assist executors and trustees in the administration of estates, including matters such as settling any debts, and distributing the estate to beneficiaries of the will. We also represent clients making claims against estates.

+ Commercial and residential property

Buying and Selling Property – We fully understand the legal implications of buying and selling property. These often extend far beyond the actual sale or purchase, to your family, relationships, and financial circumstances. We can advise you about these broader related aspects, including making or updating your will, setting up a trust, and taxation implications.

Damian can assist with all aspects of buying and selling property. This includes forestry and agribusiness land and build packages, construction contracts, subdividing and developing property, entering a retirement village, and mortgage refinancing.

If you are purchasing a property, we highly recommend getting in touch with us as early in the process as possible. We recommend always reviewing the property title for any potential concerns, which we can assist with.

Commercial Leases – Damian can provide assistance to landlords and tenants on their rights and obligations under the Property Law Act 2007 including preparing lease agreements, rent reviews, lease renewals, maintenance, repair and reinstatement obligations, and remedies for breach of lease.

+ Commercial and business law

Negotiation and Drafting of Commercial Agreements – The first thing to realise when you are about to enter into a new business venture is that there is no such thing as a standard contract. Our commercial team is here to help you work through the all the practical elements to complete the necessary documentation and ensure all parties know what is expected of them.

Buying and Selling a Business – We understand the legal and practical implications of buying and selling a business. We can advise and assist you through this process, from preparing the sale and purchase agreement, assigning the lease, handling employee commitments, discharging loan and security interests through to the taxation implications.

Disputes and Insolvency – We can assist with settling disputes, commencing the collection process or if you’ve had a debtor go into liquidation or receivership. We’ve also assisted business owners where they’ve had financial difficulties to refinance or place their business into liquidation or receivership.

+ Corporate governance

We are able to provide advice on Board and Committee responsibilities, directors duties, governance policies and procedures and assist with steps required to ensure the entity meets its statutory and compliance obligations.

+ Relationship property

When starting a relationship and making financial commitments together it is important to protect your existing assets. Damian can assist with drafting and negotiating relationship property and separation agreements.

+ Charitable trusts

Damian can establish and assist trustees administer local, national, and international charitable trusts for health, arts, services, educational institutions, sports organisations, and many more. We also draft constitutions and membership rules for incorporated societies, foundations, and charitable trusts.

+ Tax

Damian has practised in New Zealand and internationally in taxation and can work with your accountancy advisors in negotiating and drafting of commercial agreements where understanding the tax implications is important. He can also assist with advice, structuring and disputes.