The Law Association of New Zealand

Gift, Loan or Investment? (2025) (On Demand)

This On Demand was recorded on 24 March 2025.

As more home buyers rely on family support to get on the property ladder, a common issue arises: whether the funds were a gift or a loan. This On Demand will provide guidance on advising clients in these situations, with a focus on the importance of written loan agreements and understanding the six-year limitation period for repayment.

Learning Outcomes

  • Distinguish between a gift, a loan or an investment.
  • Explain the legal implications of a gift, a loan or an investment (including relationship property implications).
  • Explain the presumptions of advancement and resulting trusts in NZ and when they apply.
  • Provide clarity on legal risks – including relationship property issues and family provided property funding.
  • The importance of written agreements and getting legal advice.
  • Offer practical guidance on loan documentation including how to ensure enforceability and avoid ambiguity.


Who Should Watch?

Lawyers and legal executives working in property law and family law.


Presenters

Megan Williams, Steindle Williams Law

Catherine Townsend, Barrister, St Marys Chambers

Pip Cobcroft, Barrister, St Marys Chambers



Megan Williams

Megan practises predominantly in the areas of property, personal asset planning and trust law and has over 30 years’ experience as a lawyer in New Zealand and overseas. This experience reaches predominantly across the areas of property, personal asset planning and trust law for private clients including those based overseas. Recently she has been focusing on advising on the implications of the Trusts Act 2019, carrying out full trust and asset reviews and trust restructures.

Megan is highly motivated to provide advice and support in the management and administration of trust funds and regularly assists in trust disputes.  She has presented seminars to various property, trust and other interest groups, including to other lawyers. Megan is a current member of the Property Law section of the NZ Law Society and  a long-serving committee member of the South Auckland/Cornwall Branch of IDEA Services.  She also offers legal services from my Omaha based office.

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Pip Cobcroft
Pip is an experienced litigator, specialising in
family law.
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Catherine Townsend

After commencing a Bachelor of Social Science in 1984, Catherine was accepted by Auckland Law School and graduated with an LLB from the University of Auckland in 1988, before departing NZ on her “OE”.  

In London, she worked for a criminal law practice as an Outdoor Clerk.  During her time in this role, she had the privilege of assisting senior barristers and QCs during many criminal trials at the Old Bailey and various Crown Courts in the greater London area.  She then worked for the London Borough of Hackney in a Care and Protection Law role, before returning to NZ.

Upon her return to NZ, Catherine undertook her Professionals course, and obtained a role as staff solicitor (in mainly Family Law) at Shieff Angland under the mentorship of Simon Jefferson (now QC).   She was quickly appointed an associate, and then senior associate.  She was selected for the Lawyer for Child(ren) list in 1993 or 4.

In mid 1994, she moved to the Family Law team at Simpson Grierson, under the leadership of (now Justice) Ann Hinton.

In 1996 she established herself as a Barrister Sole.

Catherine specialises in all areas of Family Law, but has maintained a strong interest in Child Law – and in particular child psychology (including child development) and patterns in parental behaviour impacting on children’s perceptions.  

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Details

CPD Hours: 2.00hr

Pricing Details

Ticket Price

Member $195 GST

Non-Member $275 GST

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