Elder Law: Trusts, Property Rights and Capacity Hot Spots
In this no fluff all strategy intensive, delve into the most topical elder law issues impacting your clients. Explore removal of trustees due to incapacity, duress and undue influence, appropriate administration practices and trust reporting, relationship property issues in new later-in-life relationships, and so much more! WEB229NZA13
Description
Attend and earn 4 CPD hours
Chair: Jessica Buddendijk QSM, Owner/Operator, Jelica's Aged Care Advisory and Educational Services; Chair, Care Association New Zealand (CANZ)
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Insights from the Office of the Health and Disability Commissioner
Presented by Carolyn Cooper, Aged Care Commissioner, Office of the Health and Disability Commissioner
9.50am to 10.35am Trustee Capacity and Removal of Trustee Due to Incapacity
Presented by Theresa Donnelly, Legal Services Manager, Perpetual Guardian
10.35am to 10.50am Morning Tea
10.50am to 11.35am Duress and Undue Influence
- The elements of duress and undue influence; who determines when these arise, what are the consequences?
- When a close relationship with a child leads to the exertion of inappropriate power what does that mean regarding the validity of actions carried out as a result of that relationship?
- Duress outside family relationships
- Duress and undue influence in relation to discretionary trusts
Presented by Vicki Ammundsen, Director, Vicki Ammundsen Trust Law
11.35am to 12.20pm Relationship Property Issues for Older People: What to Consider in New Later-in-Life Liaisons
- When is a new relationship formed with legal effect?
- What happens to property rights when a new relationship is formed?
- Potential property claims and how to avoid them
- Pitfalls and red flags
Presented by Kate Wiseman, Barrister, Arbitrator and Mediator, Bankside Chambers
12.20pm to 1.05pm Review of Succession Law: The Proposed Inheritance (Claims Against Estates) Act
- What the proposed new law is intended to achieve
- Possible issues
- Implications for clients
Presented by Silvia McPherson, Partner and Daniel McLaughlin, Senior Associate, Dentons Kensington Swan
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Learning Objectives:
- Examine mental capacity and dealing with ageing clients as regard to Wills, EPOAs & Trusts
- Consider the current standing of the topical issue of relationship property when a new relationship is formed
- Catch up on the latest legislative developments in Succession Law reforms
- Stay on top of the latest developments for ageing clients, from the Office of the Health and Disability Commissioner
- Distil duress and undue influence; exertion of inappropriate power and undue influence in relation to discretionary trusts
Presenters
Jessica Buddendijk QSM
Jessica Buddendijk has been in the health sector her whole working life, first in The Netherlands, where she did most of her training, and since 1984 in NZ were she found her passion for aged care. During her involvement with the aged care sector, as manager of aged care facilities and for seven years as a lead auditor visiting aged care facilities throughout New Zealand, she established many links with different groups and individual providers. After 7 years auditing, she became a sector educator and quality advisor and have been co-chairing an Aged Care Association for over 30 years representing the sector on many committees.
Carolyn Cooper
Carolyn Cooper is an executive leader with extensive experience across executive management, aged care, rehabilitation and orthopaedics in both Australia and New Zealand. She has experience in key roles in district boards, and working as part of the public health system, in both Australia and New Zealand. Carolyn is regarded as an innovative leader with excellent relationship skills. She thrives on achieving results that are sustainable and delivered in a caring team environment. She is passionate about driving innovation and collaboration to achieve a great quality of care and quality of life for all older people.
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.
Vicki Ammundsen
Vicki is the director at Vicki Ammundsen Trust Law Limited, which she established in 2015, and the author of a number of books on trusts and trustees including Taxation of Trusts, ed 3, Trustee Liability and the Trustee’s Handbook, ed 4 (all CCH New Zealand Limited). She has presented at conferences in New Zealand and internationally on wills and estates, trusts and the law of equity. Vicki also produces the blog Matters of Trust as a resource to share up to date trust law knowledge. Vicki uses her day to day experience with trusts and estates and her deep knowledge of New Zealand and international case developments to underpin her practical, solutions-focussed approach to dealing with trust and family law issues. She firmly believes that trusts have an important role to play in inter-generational asset management, but that this is risked by a lack of understanding of effective or appropriate trust management that too often leads to misunderstanding or abuse.
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.
Silvia McPherson
Silvia is a senior member of New Zealand’s private wealth team. She specialises in asset protection, business succession planning, trust and charity law. Her clients are mostly private individuals and trustees with varied and often complex needs. Silvia has significant international experience gained in the UK market where she provided a range of trusts, private client, tax and charity law advice to high net worth individuals, trustees of private, statutory and commercial trusts, financial institutions and charities. Silvia also advised corporate clients with transactions where trusts were an integral part of structuring proposals. She draws on this expertise to provide commercially sound and sensible solutions to her clients.
Daniel McLaughlin
Daniel is a Senior Associate in the Dentons Kensington Swan Private Wealth team. He specialises in personal asset planning and structuring, and advises clients in relation to trusts and trusteeship issues, wills, succession and estates, relationship property, and other personal asset planning matters. He has experience with New Zealand foreign trusts, the CRS and FATCA reporting regimes, and taxation law. He advises private clients, trustees and institutions.