Estate Disputes and Contested Probate
Attend and learn how to skilfully traverse the minefield of family and estate disputes, and probates. You will cover a range of different areas including family protection claims and dispute resolution through to contested wills and probate and how this is being handled by the Court. Receive practical information, realistic examples and relevant legal updates that will enhance your mastery of estate disputes and probate in practice. WEB223NZA43
Description
Attend and earn 4 CPD hours
Chair: Sonja Clapham, Barrister, Shortland Chambers
9.00am to 10.00am Avoiding the Ambulance at the Bottom of the Cliff: How to Reduce the Chances of a Will being Contested in the First Place
- Family Protection Act
- Testamentary capacity
- Undue influence
- Other grounds on which Wills can be challenged
Presented by Carole Smith, Barrister, FortyEight Shortland
10.00am to 11.00am The Moral Duty Relating to Family Protection Claims
- A history of the concept
- Analysis of the relevant case law and recent developments
- The law commissions view on the future
Presented by James Pullar and Ingrid Taylor, Partners, Taylor Shaw
11.00am to 11.15am Break
11.15am to 12.15pm Getting the Best Result for Your Client in an Estate Dispute
- Options for resolution:
- Correspondence
- Collaborative resolution
- Mediation
- Arbitration
- Litigation
- Factors to consider when choosing an option
- Can the new Trusts Act 2019 help?
Presented by Kate Wiseman, Barrister, Mediator, Arbitrator, Bankside Chambers
12.15pm to 1.15pm Contested Probates
- Suspicious circumstances
- Caveats
- Application for probate in solemn form
- Administration pending legal proceedings
Presented by Maria Young, Partner, Cavell Leitch
Learning Objectives:
- Gain practical skills to avoid estate disputes
- Obtain guidance on how to resolve disputes out of Court
- Examine moral duties in relation to family protection claims
- Receive a timely updated on the types of matters coming before the Court
- Understand the process involved when faced with a contested probate
Presenters
Sonja Clapham
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 specializes 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.
Carole Smith
Carole is available to be instructed as a barrister on most civil matters, but has substantial experience and expertise in the trusts and estates field, and equity related matters. She has also acted on a number of construction disputes, mostly in the adjudication arena. Carole is known for getting parties to the table early on in a bid to see whether resolution outside of the court process can be achieved.
Kate Wiseman
Kate currently practices as a barrister, mediator, collaborative practitioner, family law arbitrator and arbitral assistant/secretary. She has considerable experience in mediation and arbitration across a wide range of commercial, property and family disputes. She has particular expertise in resolving family disputes involving companies, trusts, relationship property and estates.Prior to coming to the law Kate had a 20 year career in business. Her work included people, project and product management; sales and marketing; primary and secondary research; exporting; directorships; and consultancy. She has particular experience in the manufacturing, primary industry, finance and healthcare sectors. Kate chairs the board of a charitable community service organisation which employs around 60 staff. She is a co-founder and former secretary of a heritage society. She served two terms as an elected trustee on a school board.
Maria Young
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
James Pullar
James is a Partner at Taylor Shaw and is the head of the Civil Litigation and Employment, and Education Law practice. He acts for a wide variety of clients including local and national businesses, School Boards of Trustees, Independent Schools around New Zealand, and private individuals. James regularly appears in the District Court and the High Court across a broad range of civil work, as well as in the Employment Relations Authority and the Employment Court. James is recognised as a senior litigator and employment lawyer. He advises our clients in respect of issues that arise in a workplace environment. This includes disciplinary investigations, strategic advice on restructuring processes, and personal grievances. In civil litigation, James has developed specialist expertise in insurance law, negligence, contractual disputes, as well as contentious trust and estate matters. James also advises clients in relation to matters that arise in a School environment, including suspensions and exclusions, resolving complaints, staff issues, and property matters. James is an active contributor to New Zealand Law Society programmes, including Employment Law conferences and seminars, and the annual Young Lawyers’ Mooting Competition. He currently sits on both the NZLS (Canterbury-Westland) Employment Law Committee and Special Events Committee and is a previous convenor of the Junior Practitioners’ Committee.
Ingrid Taylor
Ingrid Taylor leads Taylor Shaw's practice in Trusts, Commercial Law, Residential Property, and Elder Law, including wills and estates. With over 25 years experience, Ingrid has advised a wide range of clients across many industries including land development, engineering, manufacturing, building, architecture, fashion, farming, and technology. Ingrid is recognised as one of New Zealand's leading experts in the area of Trust law, she is a member of the Trusts and Wills Sub-Committee of the New Zealand Law Society, and is regularly invited to present papers and lead seminars at conferences on trust matters. Ingrid provides advice to settlors, trustees, and beneficiaries on trust structure including the analysis of existing trusts, resettlements and new trusts. She integrates this advice with recommendations in respect of estate planning and asset protection. This includes preparation and advice in respect of wills. Ingrid also provides high level advice in all areas of commercial law, including business acquisitions and sales, contracts, leases, company incorporation as well as governance and management, director duties, and shareholder disputes, joint ventures, partnerships, and limited partnerships. She has expertise in conveyancing: from residential homes through to complex subdivisions, body corporate apartments, and commercial buildings. With a strong background in contributing to various Boards, Ingrid currently sits on the Board of the Independent Schools of New Zealand. Ingrid is also a member of the Institute of Directors and acts as a Trustee for a number of charitable societies, organisations and individuals.