Trust Law Symposium
Immerse yourself in the critical information and updates that you need to know on trusts, at this premier event. Traverse a diverse selection of topics, updates and issues involving trustees duties, trustees disclosure, trust review and administration including supervision by the Court. Delve into new fiduciary relationships, fraud and investment of trust funds. Join us at this comprehensive programme where you will receive the critical insights from the experts. WEB233NZA17Z
Description
Attend and earn 7 CPD hours
Session 1
Trustees Duties, Trust Administration & Review
Chair: Kate Wiseman, Barrister, Arbitrator and Mediator, Bankside Chambers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Disclosure by Trustee
- What trust information is held?
- What factors should trustees consider in relation to a request?
- What is the process for applicant and trustees to follow?
Presented by Kevin Lenahan
9.50am to 10.35am Modification of Trustee Duties
- Modifying the default duties in new Trust deeds
- Spotting modifications in existing Trust deeds
- Can the default duties be modified using a power of amendment?
Presented by Stephanie Irons, Senior Associate, Chapman Tripp
10.35am to 10.50am Morning Tea
10.50am to 11.35am Trust Administration
- The importance of good record-keeping
- Increasing trustee compliance obligations
- The role of the independent trustee
Presented by Emma Tonkin, Partner, Hesketh Henry
11.35am to 12.20pm New Trust Documentation; Tips and Tricks
- Drafting new trust deeds
- Drafting other trust documentation including appointment and removal of trustees and beneficiaries, resolutions, distributions and resettlements
- Drafting trust deed clauses that stand the test of time, is future proofing necessary or desirable?
- Common trust drafting mistakes and how to fix them
Presented by Richard Broad, Senior Associate, Simpson Grierson
12.20pm to 1.05pm Trust Review Process
- Regulatory requirements and Trust review
- Is this set in stone?
- Who should be involved when reviewing the Trust documents
- Review process – what are the common clauses to look out for?
- How can I fix issues that arise – practical drafting examples
Presented by Tomasina Antunovich, Senior Associate, Tompkins Wake
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Learning Objectives:
- Learn about disclosures by trustees
- Understand modification of trustee duties
- Receive a comprehensive overview of trust administration
- Trust Review Process
- Hear about current approaches to review and variation of Trust Deeds
Session 2
Fraud, Fiduciary Relationships and Investing Trust Funds
Chair: Ross Knight, Barrister, Old South British Chambers
2.00pm to 2.50pm Fraud on a Power and Trustee Decision-making
- The concept of fraud on a power
- How the concept is relevant to trustee decision-making
- How to apprehend and manage risk in this area
Presented by Thomas Refoy-Butler, Partner, Mackenzie Elvin Law and Sam Jeffs, Barrister, Bankside Chambers
2.50pm to 3.40pm Supervision of the Court under the Trusts Act 2019
- The inherent jurisdiction and supervisory role of the court
- Common applications and their grounds, including requests for information and removal of trustees
- Case law
Presented by Carmel Walsh, Barrister, Bankside Chambers
3.40pm to 3.55pm Afternoon Break
3.55pm to 4.25pm New Fiduciary Relationships
- The Courts are creating new fiduciary responsibilities
- Parent/Child
- The State/Maori
- What are the next responsibilities likely to be?
Presented by Anthony Grant, Barrister, Paladin Chambers
4.25pm to 5.15pm The Investment of Trust Funds: Powers, Duties and Practice
- Many trusts are intended to provide long term financial support to beneficiaries (sometimes over several generations)
- Therefore, investment strategy, execution, and monitoring are some of the most important aspects of trusteeship
- Failing to invest the trust fund prudently can expose the trustee to liability
- This session will explain to the modern professional trustee its powers and duties in relation to investment and assist it to comply with those duties
Presented by Henry Brandts-Giesen, Partner, Dentons Kensington Swan
Learning Objectives:
- Understand how to recognise fraud on a power and trustee decision-making
- Learn about supervision of the Court under the Trusts Act 2019
- Be updated on how the Courts are introducing new fiduciary relationships
- Receive valuable insights into trust funds, powers, duties and practice
Presenters
Kate Wiseman
Kate is a dispute resolver specialising in collaborative law, mediation and arbitration. Her mediation and arbitration practice encompasses a broad range of commercial, property and family disputes. She has particular expertise in resolving family disputes involving companies, trusts, relationship property and estates. Before coming to the law she had a 20 year career in business. She now holds a number of governance positions, including as chair of the Village Square Trust, a community services for-purpose organisation; and as an elected member of the boards of the Arbitrator and Mediators Institute of New Zealand (AMINZ) and the Collaborative Law Association of New Zealand.
Kevin Lenahan
Kevin is a specialist trusts and estates litigator and mediator (Associate AMINZ) who, in addition, is the NZLS Property Law Section’s The Property Lawyer trusts and estates columnist. Kevin regularly gives CPD seminars and presentations on topical issues in trusts and estates litigation. From 2010 until 2021 Kevin practised as a barrister in Ireland. There, arising from his experience in estates litigation, he was a founding member of the Probate Bar Association. Kevin is cross jurisdictionally qualified in Ireland, Northern Ireland, England and Wales, Australia, and New Zealand.
Stephanie Irons
Stephanie is a Senior Associate at Chapman Tripp’s Private Client & Trusts team, advising on all aspects of trust law and succession planning. She has experience in the establishment, variation and reorganisation of trust structures and inter-generational asset planning. She also advises on a range of corporate matters and the establishment and operation of not-for-profit entities.
Emma Tonkin
Emma specialises in private wealth, real estate and overseas investment. She works with individuals and families advising on trusts, estate planning and succession with a focus on real estate assets. She is adept at understanding family dynamics and, enjoys helping generations with their succession planning, particularly as a large part of the private wealth market in New Zealand matures. Emma is a member of the ADLS Trust Law Committee.
Tomasina Antunovich
Tomasina has been practicing law since 2005, and joined Tompkins Wake in 2013. Tomasina advises on all aspects of property law including refinancing and restructuring multi-party entities, assists clients with succession planning and asset protection strategies including maximising the benefits of a Family Trust. Tomasina has a specific expertise in the area of Elder Law and works with clients to demystify the issues facing aging clients.
Richard Broad
Richard Broad recently joined Simpson Grierson as a senior associate and specialises in private client work. He has many years of experience in private legal practice together with in-house legal and management roles in trust companies. He advises on all areas of succession planning and asset protection. In particular Richard has expertise in trusts, wills, estate administration and powers of attorney. Richard has a LLB from Victoria University and is a member of the Society of Trust and Estate Practitioners, Estate and Tax Planning Council, and Auckland District Law Society Trust Law Committee.
Thomas Refoy-Butler
Thomas is a Partner of Mackenzie Elvin Law and is an experienced litigator providing strategic advice and representation to clients in relation to commercial disputes and regulatory litigation. He has particular experience in contractual disputes, trusts, employment, insolvency, interim relief (injunctions and freezing orders) and regulatory litigation and investigations. He also has experience as sole and junior counsel acting for private and corporate clients, including Crown entities, in both civil and criminal proceedings in the District Court, High Court and Court of Appeal. Thomas is an Associate Member of the New Zealand Institute of Directors and a Board Member for Athletics Waikato Bay of Plenty. Thomas started his career in Auckland in a specialist litigation practice and subsequently worked for two national law firms before relocating with his family to Tauranga at the beginning of 2019.
Sam Jeffs
Samuel Jeffs is a barrister at Bankside Chambers specialising in commercial and civil disputes. He has advised and acted for parties in a wide range of disputes arising from contracts, joint ventures, shareholdings, construction projects, and trusts and estates. Sam has appeared in a number of courts, including successfully in the Supreme Court, and various specialist tribunals, including arbitrations. Sam graduated from Oxford with a BCL (Distinction) and the University of Auckland with BA/LLB(Hons) degrees, where he was a Senior Scholar for both Law and Arts. Sam has spoken at conferences and has also published a number of articles.
Carmel Walsh
Carmel has over 25 years’ experience as a litigator in New Zealand, Hong Kong, and England. She was admitted as a barrister and solicitor in New Zealand in 1993; and a solicitor and solicitor advocate (Higher Courts Civil) in London in 2000/2001. She holds both a New Zealand and English practising certificate. Carmel is a former contributing author to Informa’s Reinsurance Practice and the Law, and a former secretary and editor of the Negligence and Damages committee of the International Bar Association. Since returning to New Zealand Carmel has specialised in property litigation, equity and trusts, estates litigation and relationship property, particularly where complex issues arise requiring expert forensic accounting evidence. Carmel sits on the board of the New Zealand Symphony Orchestra, NZTrio and the New Zealand Opera School.
Anthony Grant
Anthony Grant is a Barrister and advisor on the laws concerning Trusts and Estates, He also acts as a professional Trustee. He is a member of STEP (the international Society of Trust and Estate Practitioners) and a member of the Auckland District Law Society’s Trust Law Committee. He regularly appears in the Senior Courts on issues involving Trusts and Estates and writes and speaks extensively on these topics.
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.