Estate Disputes and Contested Probate
Attend and learn how to skilfully traverse the minefield of family and estate disputes, and probates. This programme will cover a range of different topic areas including applications for the validation of wills, the fiduciary duty of a testator, how to handle claims by surviving partners and the all-important case update and analysis. Receive practical information, realistic examples and relevant legal updates that will help you to deliver results for your clients. WEB233NZA33
Description
Attend and earn 4 CPD hours
Chair: Sonja Clapham, Barrister, Shortland Chambers
9.10am to 10.10am Claims by Surviving Partners
- An update on recent cases concerning relationship property claims against estates
- An overview of other causes of actions that can be brought by a surviving partner
Presented by Stephanie Ambler, Partner, Tompkins Wake
10.15am to 11.15am Applications for the Validation of Wills s14 Wills Act 2007: History and Procedure
- Applications for the validation of an invalid will or codicil
- History and cases
- Procedure and best practice
Presented by Carmel Walsh, Barrister, Bankside Chambers
11.15am to 11.25am Break
11.25am to 12.25pm The Fiduciary Duty of a Testator
Will the transfer of assets to trust by a testator prior to death successfully defeat a Family Protection Act claim?
- Recent case law to explain a testator’s testamentary freedom and the sanctity of trusts as a result.
- Whether parents owe a fiduciary duty to their children?
- How any fiduciary duty to a child may interact with a moral duty?
Presented by Ingrid Taylor, Partner and James Pullar, Partner, Taylor Shaw Barristers & Solicitors
12.30pm to 1.30pm Case Law Update and Case Analysis
Vicki Ammundsen will present a case law update and case analysis that will critically consider recent cases including:
- Pollock v Pollock
- Merona Trustees
- Sen v Public Trust
- Public Trust v Lawrence
- Estate of the Late J.D. Hanson
Presented by Vicki Ammundsen, Director, Vicki Ammundsen Trust Law
Learning Objectives:
- Receive an in-depth case law update and analysis
- Understand how to effectively draft applications for the validation of a wills
- Gain deeper insight in the fiduciary duty of a Testator
- Learn how to handle claims by surviving partners
Presenters
Sonja Clapham
Sonja Clapham is a barrister practising from Shortland Chambers, Auckland. She specializes in advice and litigation regarding deceased estates including Probate, administration, challenges to wills, and disputes concerning 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 the New Zealand Bar Association.
Stephanie Ambler
Stephanie has specialized in family law since her admission to the bar over 22 years ago. Stephanie has expertise in relationship property, particularly in the areas of relationship property disputes and claims against estates and trusts. Stephanie advises couples on relationship property agreements, both at the commencement of a relationship and on separation. Stephanie’s other practice areas include applications for the appointment of property managers and welfare guardians, parenting orders and agreements, paternity and adoptions, child support and spousal support. Stephanie has been involved in leading family law cases in the Supreme Court and Court of Appeal. Stephanie leads Tompkins Wake's Family Law practice and has been named as a recommended lawyer in The Legal 500 Asia Pacific, a Preeminent Family Lawyer by Doyles and an Elite Women Lawyer by NZ Lawyer.
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.
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.
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.