Estates, Trusts and PRA Disputes
Acquire valuable insights that will propel your practice to new heights. Draw critical learnings from an array of recent estates & trusts law cases. Take the opportunity to update yourself on Testamentary Promises Act claims & the strategies to implement from these cases. With the courts increasingly providing directions for parties to go into mediation, enhance your ADR knowledge with practical mediation strategies that will deliver results for your clients. This seminar is not to be missed! WEB2211NZA11
Description
Attend and earn 3 CPD hours
Chair: Vanessa Bruton KC, O’Connell Chambers
2.00pm to 2.45pm Claims Against Estates – Testamentary Promises Act Claims
- Overview of the Act and analysis of recent decisions
- Bringing and defending claims, including procedural requirements and the role of an executor
- Strategies for drafting wills and advising testators on potential claims
Presented by Sally Morris, Partner; Best Lawyers 2023, Trusts and Estates, Litigation and Georgia Angus, Partner, Morris Legal
2.50pm to 3.35pm The Property (Relationships) Act 1976: Is It a Code and What Does That Mean?
Focus on managing the interplay between commercial (civil/equitable) and relationship property/trust disputes with particular emphasis on the effects and implications of sections 4, 7 and 51 of The PRA. Take a deep dive into:
- The Act as a code
- Managing PRA and commercial proceedings when related to the same subject matter, and when/if an application can be made for transfer of proceedings into the High Court under s38A of the PRA
- Cross border disputes and the challenges arising for practitioners under the PRA, including estoppel issue
Presented by Ross Knight, Barrister, Old South British Chambers
3.35pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Trusts and Estates Recent Case Update
Presented by Anthony Grant, Barrister, Radcliffe Chambers
4.35pm to 5.20pm Leading the Horse to Water: ADR of Trust Disputes Under The Trusts Act 2019
- What types of disputes can be directed to ADR under the Act
- Review of cases considering the ADR provisions under the Act
Presented by Richard Thompson, Barrister, Park Chambers
Learning Objectives:
- Explore recent cases and develop strategies that you can apply in practice
- Investigate on how to bring and defend Testamentary Promises Act claims
- Analyse cross border disputes and the challenges arising for practitioners under the Property (Relationships) Act
- Review ADR provisions under the Trusts Act 2019 and the disputes that can be directed to ADR
Presenters
Vanessa Bruton KC
Vanessa is a litigator, practising almost exclusively in trust and estate disputes, including where relationship property is involved. She has been counsel in a number of the leading cases over recent years. She went to the independent bar in 2014 and took silk in 2016. For more about Vanessa see www.trust-litigation.co.nz
Sally Morris
Sally is the founding partner of Morris Legal. She is admitted as a Barrister and Solicitor in New Zealand, New South Wales and New York and has a Master of Laws Degree from Columbia University in New York. Sally has an established reputation in the field of trust, estate and relationship property disputes, appearing regularly in the Family Court, High Court and Court of Appeal on behalf of trustees, beneficiaries, executors, charities and private clients.
Georgia Angus
Georgia Angus is a partner at Morris Legal. Georgia advises on all aspects of complex trust, estate and relationship property disputes. Georgia has extensive experience in trust matters, having acted for clients in high-profile contentious trust proceedings in the New Zealand Court of Appeal, the Court of Appeal of England and Wales and offshore jurisdictions including The Bahamas, Bermuda, BVI and Jersey. Georgia has been published in the New Zealand Law Journal and the STEP Trust Quarterly Review on the role of charities in estate disputes and beneficiaries? requests for trust information. Georgia is a full member of STEP (TEP).
Ross Knight
Ross is an Auckland Barrister specialising in estate, trust, and relationship property litigation, both domestic and cross-border. He appears regularly in the Family Court, High Court, and Court of Appeal. He holds both Bachelor and Master of Laws Degrees from the University of Auckland and contributes editorial to industry and commercial publications. He is also a member of STEP (Society for Trust and Estate Practitioners) and frequently invited to speak at Legal Seminars and Conferences.
Anthony Grant
Anthony Grant is a highly experienced civil litigator. He regularly advises and appears in the senior Courts on issues involving Trusts and Estates. He writes and speaks extensively on these topics and he also has a wide knowledge of international Trust and Estate law. His practice is based in Auckland.
Richard Thompson
Richard Thompson began practise in 1994 when he spent 2 years as junior counsel for Fay Richwhite in the Winebox Inquiry. After 4 years abroad he began practice as a barrister sole in 2000, with a grounding of four years as a junior barrister at Shortland Chambers. Since 2008 he has been a member of Vulcan Building Chambers where his practice covers a broad range of commercial litigation. In the past ten years he has had an increasing focus on and interest in estate and trust litigation. He is a member of the ADLS Trust Law Committee. He has also been closely involved with the acting community and is a founding trustee of the Actors' Benevolent Fund.