Probate and Estate Administration
What keeps you up at night…? Master how to skillfully handle the nitty gritty of estate administration, solemn form probate and complex intestacies. Receive practical information, realistic examples and relevant legal updates that will enhance your mastery of estate administration and probate in practice. WEB213NZA18
Description
Attend and earn 3 CPD hours
Chair: Stuart Cummings, Barrister, Surrey Chambers
2.00pm to 2.05pm Opening Comments from the Chair
2.05pm to 3.05pm Effective Estate Administration
Estate Administration has many fishhooks for the unwary executor. In this practical session you will discuss tips for executors, executor duties, barriers to distribution, the often unused advertising for creditors, the hunt for beneficiaries, and what happens when they cannot be found. It touches on intestacies, searches, Declarations of Family History and the protection available but only when it is done properly. Case studies and real life examples will help focus this invaluable session for Estate practitioners.
Presented by Henry Stokes, General Counsel and Theresa Donnelly, Legal Services Manager, Perpetual Guardian
3.10pm to 4.10pm Applications for Probate in Solemn Form
- Solemn Form and Common Form grants of Probate: the differences
- Caveats against applications for administration
- What to do when there are red flags the testator may not have made a valid will
- Procedure for an application in solemn form
- Costs
Presented by Sonja Clapham, Barrister, Shortland Chambers
4.15pm to 5.15pm Complex Intestacies, Second Cousins Twice Removed…
- Multiple issues and “interested parties”
- Identifying conflicts of interest
- Filing requirements and timing
- Managing estate funds pending final distributions
Presented by Maria Young, Partner, Cavell Leitch
Learning Objectives:
- Gain practical skills to avoid the tripwires you will encounter in estate administration
- Understand the process involved for applying for probate in solemn form
- Obtain guidance on the complex aspects of an intestacy
Presenters
Stuart Cummings, Barrister, Surrey Chambers
Stuart Cummings commenced practising law in 1979 as an old-fashioned "law clerk" while completing his law degree. He was admitted in May 1982 and has practised, in the earlier days, in a number of jurisdictions before specialising in Family Law in the late 1980s. Over the past 17 years that family law focus has further narrowed to a predominance of work in the relationship property area, trusts and the law affecting estates. Stuart has practiced as a Barrister sole since 1990.
Henry Stokes, General Counsel, Perpetual Guardian
Henry Stokes has been in private practice and acted as in-house counsel for a combined period of over 20 years. He is currently General Counsel, for Perpetual Guardian. Henry specialises in the areas of wills, estates, trusts (both family and charitable) and protection of personal and property rights matters, including appearing in the Family Court, High Court and Court of Appeal. Henry advises on all areas from the preparation and implementation stages through to the disputes, claims and proceedings stages. Henry is an advocate for the trustee industry working together to provide world class trustee services to New Zealanders and is focused on the industry being fully prepared for the new Trusts Act 2019 implementation date of January 2021.
Theresa Donnelly, Legal Services, Manager, Perpetual Guardian
Theresa Donnelly graduated from Auckland University in 1992 and has over 27 years’ experience in private practice, government and in-house Legal. Theresa is currently the Legal Services Manager at Perpetual Guardian, and is a recognised Elder Law expert. Theresa is formerly from Public Trust (Team Leader) and the Ministry of Social Development, where she was lead Senior in their Public Law Team responsible for advice in relation to Older People’s Policy and the Office of Senior Citizens. She is a regular presenter and speaker for professional groups such as Legalwise, NZLS/CLE, ADLS, STEPS, CCH and other professional organisations.
Sonja Clapham, Barrister, Shortland Chambers
Sonja Clapham is a barrister practising from Shortland Chambers, Auckland. She commenced practice as a barrister at the independent Bar in Sydney before returning to Auckland in 1988. She is a founding member of Shortland Chambers and specialises in advice and litigation regarding Probate, challenges to wills and disputes regarding deceased estates. She has presented a number of papers in the past including to seminars and conferences for the Auckland District Law Society Inc. and to the New Zealand Bar Association.
Maria Young, Partner, Cavell Leitch
Maria leads the trusts and estates team at Cavell Leitch and is a member of STEP. She has a wide experience in trusts, wills, estates and elder law issues and frequently deals with issues of clients’ mental capacity. She has presented papers for NZLS CLE and Legalwise. Maria currently co-authors the LexisNexis Practical Guidance section on Trusts