Wills and Estates Conference
Imagine a prospective client comes to you and asks… • Is the traditional asset model the best way to protect my family wealth? Are there other options? • What are the limits on Deeds of Family Arrangements? • What is the court’s current thinking around trusts, estate planning and relationship property claims? • Who can be personally exposed to legal costs? • How can we prove capacity to execute a will? Ensure you can answer these questions confidently, accurately, and with the most up to date information
Description
Attend and earn 7 CPD Hours
This conference was recorded in NZ on 6 September 2018
Session 1
Estate Planning and Disputes
Chair: Isaac Hikaka, Partner, Lee Salmon Long
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am: The Need to Rethink Traditional Asset Planning in New Zealand
- Why the traditional asset model needs to be reconsidered
- Assets held in trusts in circumstances where beneficiaries receive only limited benefit from the arrangements
- Recent developments increasing the governance and compliance burden of trusts
- Considering the alternatives
- Strengths and weaknesses of alternative structures and when to consider each
- Ensuring assets are appropriately structured and administered
- Where a trust is appropriate: good governance and administration are critical
Presented by Henry Brandts-Giesen, Partner, Kensington Swan
9.50am to 10.35am: The Parameters of Deeds of Family Arrangements
- Deed of Family Arrangements: when you would and wouldn’t advise
- Drafting considerations: common traps for the experienced and ramifications
- Independent advice
- When is the consent of the court required?
Presented byVicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited
10.35am to 11.20am: Family Protection Act and Charites: Growing Activity
- How the role of charities in defending claims against estates has developed
- Review of the Court of Appeal decision in Auckland City Mission v Brown and recent cases involving charities
- Practical guidance on protecting charitable bequests
Presented by Sally Morris, Partner and Georgia Angus, Senior Solicitor, Morris Legal
11.20am to 11.35am Morning Tea
11.35am to 12.20pm: Interrelationship Between Trusts, Estate Planning and Relationship Property: Recent Cases and Review
- Zhang v Li
- Scott v Williams
- Update on THE NZ Law Commission’s Relationship Property Review
Presented by Zara Matheson, Barrister, O'Connell Street Barristers
12.20pm to 1.05pm: Costs Awarded by Courts with Respect to Trust and Estate Issues: Unique Considerations and Principles
- Differences between the Court’s costs regime for trust matters and the conventional costs regime
- A Trustee’s personal liability for costs when they are bringing or defending claims
- Managing your risks
Presented by Richard Thompson, Barrister, Vulcan Building Chambers
Learning objectives
- Rethink traditional asset planning in New Zealand and analyse other available structures
- Understand the limits and constraints of Deeds of Family Arrangements
- Examine recent claims between trusts, estate planning and relationship property
- Understand court awarded costs for Trusts and Estate disputes
Session 2
Practicum on Capacity Issues for Wills and Trusts
Chair:Juliet Moses, Partner, TGT Legal
2.00pm to 3.00pm: Practicum on the Question of Capacity for Trusts and Wills
- The legal requirements for proving testamentary capacity: a surprisingly flexible regime
- The legal requirements for proving other capacities
- Who has the burden of proof?
- Can lawyers assess capacity/incapacity?
- What lawyers should do when they have doubts about a person’s capacity
- The evidence that a medical expert will want to be given
- The significance of prior wills
Presented by Anthony Grant, Barrister, Radcliffe Chambers
3.00pm to 4.00pm: EXPERT MEDICAL PERSPECTIVE: What Doctors Consider in the Assessment of Capacity
- Identifying and assessing decision incapacity
- The scope of assessment of capacity
- Transactional, trustee and testamentary capacity
- Traps and tips for the practitioner
Presented by Dr Jane Casey, Psychiatrist and Psychogeriatrician, Vermont Street Specialists
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm: Family Protection Act and Disentitling Behaviour
- Claims against estate of deceased person: section 4
- Persons entitled to claim: section 3
- Disentitling behaviour
- Section 5
- Different examples
- Serious misconduct
- Case law
- Misuse of Enduring Power of Attorney’s prior to death
Presented by Henry Stokes, General Counsel Retail, Public Trust
Learning objectives
- Examine the legal requirements for proving capacity
- Gain the medical perspective into capacity issues
- Explore the Family Protection Act and disentitling behaviour considerations