Estate Disputes & Contested Probate
Join us for a comprehensive seminar on estate disputes where you will delve into the most recent case law and learnings for managing various family provisions claims. Explore the legal nuances of equitable Estoppel and constructive trusts, adeptly navigate probate applications under the Administration Act, and master mediation strategies for alternative dispute resolution. WEB243NZA18Z
Description
Attend and earn 4 CPD hours
Chair: Sonja Clapham, Barrister, Shortland Chambers; Member of the Family Law Committee, Auckland District Law Society
9.00am to 10.00am Testamentary Freedom: What Could Go Wrong
Will makers nominally have testamentary freedom. Family Protection Act 1955 claims are the main impact on testamentary freedom and will often have to be considered when a will is made.
- Using the Property (Relationships) Act 1976 to bring jointly owned property into the estate to make a FPA claim
- Relationship property claims and the FPA: Claims by the surviving spouse/partner
- Using trusts to avoid FPA claims: D and E Limited v A [2022] NZCA 430
- Is there a 10% rule for support/recognition only claims?
- No principle of equality between siblings: Barnard v Robertson [2023] NZCA 230
- Claims by grandchildren: Brown v Brown [2022] NZCA 476
Presented by Clinton Light, Special Counsel and Litigator, Shine Lawyers NZ
10.00am to 11.00am Strategies for Preventing and Resolving Probate Disputes
- Identifying potential disputes
- Preventative measures
- How not to make things worse
- Caveats and orders nisi
- Early dispute resolution
Presented by Cheryl Simes, Principal, Kiwilaw
11.00am to 11.15am Break
11.15am to 12.15pm Exploring Equitable Claims in Estate Disputes: Constructive Trusts and Estoppel
- Introduction and the equitable claims of constructive trusts and estoppel
- Recent case law update
- Practice tips and strategies
Presented by Malcolm Wallace, Barrister, Arbitrator, Mediator
12.15pm to 1.15pm Resolving Family Provision Disputes Through Mediation
- When mediation should/should not occur
- Considerations including processes that involve children
- Strategies for efficient mediation preparation
- Practical guidelines for managing on-the-day mediation
Presented by James Pullar, Partner, Dispute Resolution and Litigation, Taylor Shaw; Branch Council, New Zealand Law Society (Canterbury-Westland)
Learning Objectives:
- Acquire best practice approach for filing probate applications
- Develop a robust framework for estate dispute/litigation success
- Receive valuable knowledge for handling various types of family provision claims
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. concerning deceased estate such as claims under the Family Protection Act 1955 and the Law Reform (Testamentary Promises) Act 1949. 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.
Clinton Light
Clinton is a special counsel with Shine Lawyers, Christchurch. Clinton has more than 30 years’ litigation experience. He has worked in different areas of legal practice over the years, but his current focus is estate, relationship property and medico-legal litigation.
Malcolm Wallace
Malcolm has a wide range of experience in dispute resolution, developed over 35 years of legal practice. Vice President of the Council of AMINZ, and a Fellow in Arbitration since 2012, Malcolm began his legal career in 1987. A former partner of Helmore Macdonald and Stanley, and then a member of the litigation team at Wynn Williams & Co, Malcolm gained wide experience in all aspects of private practice before becoming a Barrister in 2006. Malcolm was a council member of the New Zealand Bar Association from 2010 to 2015 holding office as Secretary, Treasurer and South Island Vice-President. Now with his own arbitration and mediation practice, Malcolm is also a Facilitator for New Zealand Claims Resolution Service (GCCRS), and has been helping parties resolve Earthquake claims over the last 10 years. Malcolm is appointed by lawyers and Judges to facilitate conferencing of expert witnesses in complex trials. Malcolm is author of the Variation and Resettlement of Trusts chapter of Equity and Trusts in New Zealand, 3ed soon to be published. Areas of expertise and interest included: Relationship property, Trusts & Estates, Real estate and Leases, Shareholder & Partnership, Construction & Building and Farming
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.