Pennymay Symonds

Qualifications

LLB, BA, Victoria University of Wellington 2022
Admitted to the Bar in New Zealand 2023

Community & Industry Activity

Baywide Community Law Volunteer
University of Waikato Tutor

Contact

DDI: +64 7 262 0454
M: +64 27 250 3456
E: pennymay.symonds@hobec.co.nz

Penny is a Solicitor in the litigation and dispute resolution team in our Tauranga office.

Penny has experience in a wide range of disputes including commercial, insolvency, property, employment and criminal matters. She has a particular interest in trust and estate litigation and has experience acting for both trustees and beneficiaries in a range of settings. Penny has appeared in trials and contested applications in the District Court, High Court and Court of Appeal. She also assists the independent bar with litigation support.

Outside of work Penny tutors at the University of Waikato and volunteers at Baywide Community Law. Penny grew up in the King Country and now enjoys living in the Bay of Plenty, socialising with friends and staying active.

Pennymay Symonds's Expertise

Employment Law

Civil Litigation & Dispute Resolution

Pennymay Symonds's News & Resources

Buying property with family: fun or potential fiasco?

Getting onto, or moving up, the property ladder can be challenging. To get a deal across the line, purchasers are increasingly looking to alternative ownership options. One option we commonly see is co-ownership of property between family members. Taking matters a step further than the traditional parental guarantee of a child’s purchase, we are now seeing co-ownership between multiple relatives (such as siblings and their spouses, or parents and all/some of their children). Not all owners will necessarily intend to live in or maintain the property. While these arrangements can work well, problems can arise where the appropriate documentation is not put in place from the outset. Untangling historical arrangements can be complex where there has been intermingling of purchase funds, family members not being treated equally, deaths occurring and relationships souring over time. What should a Property Sharing Agreement cover? If you are buying property with others (often who are not your spouse or partner), you should have a written agreement to cover key aspects. The terms can cover: ownership shares and monetary contributions to purchase (including bank loans) who will live in the property who will pay property expenses and maintenance what will happen if someone wants to sell the property and others don’t what happens on death of a party how will any proceeds of sale be distributed. A Property Sharing Agreement can document these arrangements and set out what should happen if circumstances change or a dispute arises, providing a clear path forward to minimise any fallout (if possible). Purchasers can also consider whether funds should be gifted or loaned, and our property lawyers can assist you with this process. What if you are buying property with your partner? If you are wanting to buy property with your partner or spouse, there are a different set of questions and documentation to consider (for example, whether you need a contracting out agreement). Our dedicated family team can advise you on all aspects of relationship property. What happens when there is no written agreement? A recent example of an undocumented family property purchase is the case of Boot (As Executor and Trustee of Estate of Hart) v Stephens [2023] NZHC 3863. Parents (the Harts) helped their daughter and her husband (the Stephens) buy a property. The title said that each couple owned a 50% share of the property, but in reality, the Stephens contributed more to the purchase price. They also paid for most of the property expenses in that time. Years later, both the Harts died, and their other five children wanted to sell the property so that 50% of the sale proceeds could be distributed to the children via their mother’s estate. The Stephens claimed that they were entitled to 67% of the property. Additionally, they had lived in the property for 17 years and did not want to sell. Ultimately, the Court held that, given the family’s intentions and contributions, the Stephens were entitled to 66% and could buy out the estate’s 34% interest. Regrettably, the dispute and litigation took a toll on the siblings’ relationships. There are a number of options to resolve a dispute if there is no written agreement, including obtaining Court orders to force a sale under the Property Law Act 2007. First and foremost, our experienced litigation lawyers can help you to resolve matters before Court through negotiation or mediation, if possible. If negotiations are not successful, we can guide you through the litigation process.