Estate Planning and Asset Protection
Attend and elevate your expertise in estate planning and asset protection to avoid problems down the track. Examine how to draft modern, complex wills and work through the strategy and execution of a family business succession. You will also gain unique insights, practical tips on how s182 and relationship property claims can affect estate planning. Attend and gain a deeper understanding of the core issues to help you master this complicated area. WEB223NZA19
Description
Attend and earn 3 CPD hours
Chair: Timothy Orr, Partner, Martelli McKegg
2.00pm to 2.05pm Opening Comments by the Chair
2.05pm to 3.05pm Complex, Comprehensive & Bespoke Wills: The Value-Add
With the passage of the Trusts Act 2019, Wills are a primary asset planning tool. Yet the complexity of modern family dynamics and relationships means they may need a lot of thought and consideration to be fit for purpose.
Examine the tricky issues around modern wills drafting dilemmas. This session will discuss head-on the thorny issue of price points for these kinds of time-intensive wills – what is the value of the “value-add” and how to sell it to your clients. It will cover issues including:
- What do you do if the client wants their Will to reflect the side-deal with the bank in a #bankofmumanddad situation?
- How do you successfully address life interests/rights of residence so they work and don’t go stale?
- How to practically provide for the issues of multiple relationships, Licences to Occupy & ORAs
- Joint assets and debts: what clients need to remember about joint assets
- The new “real world” problem of increasing crypto/digital assets: how should these be dealt with in Wills and beyond?
- World-wide wills and domicile & the current approach in the Probates Division
- Price points: what is the value of the “value-add” and how to sell it
- The increasingly live issue of capacity: red flags and what to dos and discussion of the Dollimore case
Presented by Theresa Donnelly, Legal Services Manager, Perpetual Guardian
3.10pm to 4.10pm Family Business Succession
Discuss the disconnect between strategy and execution in the succession of a family business, the importance of a family succession plan and the various exit strategies that need to be considered.
Presented by Henry Brandts-Giesen, Partner, Dentons Kensington Swan
4.15pm to 5.15pm S182 and Relationship Property: Implications for Estate Planners of Happening and Emerging Claims
Many cases could quite possibly have been avoided with better planning at the outset. From a simple will, to a complicated wealth management and succession plan, involving trusts and or other third party entities, estate planning can be a multifaceted and complex discipline. But at its very core, is the client – their circumstances, needs and expectations. All of these factors must be carefully considered with the simple question in mind – what could possibly go wrong? Receive a timely update on the relationship property issues that you need to be aware of when estate planning for your clients.
Presented by Ross Knight, Barrister, Old South British Chambers
Learning Objectives:
- Receive practical tips on how to draft complex and bespoke wills
- Learn the practical requirements relating to family business succession
- Gain an understanding of relationship property issues that affect estate planning
Presenters
Timothy Orr
Timothy is a partner specialising in trusts, estates, property and commercial law. Originally from Northern Ireland, Timothy graduated from the University of Dundee with a Bachelor of Laws (Honours) in 2008. He assisted an NGO at the UNHCR in Geneva and then ran a legal aid team in Mombasa, Kenya providing legal advice on a wide range of criminal and family matters. Upon returning to the UK, Timothy worked on a high profile Public Inquiry under a former Court of Appeal Judge. Arriving in New Zealand in 2010, Timothy qualified as a lawyer in New Zealand and was a manager for ADLSI responsible for overseeing a wide range of legal forms and precedents including the standard Agreement for Sale and Purchase of Real Estate and the Deed of Lease. Timothy also worked closely with various Ministries, the Law Commission and the Courts on a wide range of law reform issues, particularly those relating to trusts and property law. Timothy then worked as a Senior Solicitor in a well-established medium sized law firm in Auckland specialising in trusts, estate and property law.
Theresa Donnelly
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.
Henry Brandts-Giesen
Partner & Head of Private Wealth; lawyer focused on strategic asset planning, family office design and governance, family business governance and succession, trust law and governance, fiduciary risk management, family/private wealth/relationship property related dispute resolution, residency by investment, private funds, strategic philanthropy, athlete management, FATCA/CRS and AML/CFT; Band 1 Ranking in Chambers & Partners Legal Directory.
Ross Knight
Ross is widely considered to be one of New Zealand’s leading advocates in Relationship Property and Trust Law. With over 30 years’ experience presenting cases in the Family Court, High Court and Court of Appeal, Ross has earned a reputation for his thoroughness, knowledge of the law and ability to relate to and empathise with his clients. Having listened with great care to their story, he devises for his clients, a plan of action, which he then pursues with passion and at times, a certain doggedness, when required, but always towards the ultimate objective of securing a cost-effective outcome, whether that be through negotiation, mediation or court. Ross is frequently retained on complex matters involving significant assets, both in New Zealand and overseas. Regardless of where the dispute arises, he has developed an excellent network of likeminded professionals, whom he can call upon as and when required, such as investigators, mediators, forensic accountants, property valuers, investment advisors and health professionals to name a few. Continuing legal education has always been a significant driver in Ross’ professional life. He holds both Bachelor and Master of Laws degrees from The University of Auckland. He contributes editorial to industry and commercial publications, and from time to time, speaks at law seminars and conferences on topical issues within his fields of expertise.