Trusts, Wills and Estates Symposium
Issues covered include: trust law reform, removal and retirement of a trustee, non-compliant trusts, independent trustees in family trust disputes, estate planning and succession across jurisdictions and overseas, relationship property, claims Under the Family Protection Act 1955
Description
January 2021 is closer than you think so the time to act to ensure trust compliance is now. In one day you will dissect the current status of trusts legislation as well as engaging in a robust discussion about what you need to do to ensure yours and your client’s trusts are compliant. The conference will delve into the removal and retirement of a trustee and how to circumnavigate inevitable disputes as well as essential updates that will enable you to sharpen your skills to masterfully divide an estate.
Attend and earn 7 CPD Hours
Session 1
Running the Risk of Non-Compliant Trusts
Chair: Isaac Hikaka, Partner, LeeSalmonLong
9.00am to 9.05am: Opening Comments by the Chair
9.05am to 10.40am: FIRESIDE CHAT: Trust Compliance – Don’t Get Stung!
- What are the trust options: variation, re-settlement, winding up, changing trustees – is doing nothing even an option?
- Beneficiary disclosure: A big ticket item from the Trusts Act and potentially one of the first areas litigated
- The new provisions regarding removal and vesting of property
Henry Stokes, General Counsel, Perpetual Guardian
Vicki Ammundsen, Director, Vicki Ammundsen Trust Law
Theresa Donnelly, Senior Solicitor, Public Trust
Timothy Orr, Senior Associate, Martelli McKegg
10.40am to 10.55am Morning Tea Break
10.55am to 11.40am: Removal and Retirement of a Trustee
- Trusts Act 2019
- Trustee Act 1956
- Fiduciary power?
- Capacity concerns
Presented by Mary Joy Simpson, Partner and Emma Tonkin, Partner, Hesketh Henry
11.40pm to 12.25pm: Unwanted Guests: Independent Trustees in Family Trust Disputes
What happens when a trustee refuses to be replaced? Explore recent case law including Guest v Guest [2019] NZCA 64 and gain practical guidance relating to:
- Family trust disputes
- Deadlocked trustees after a relationship breakdown
- Cost consequences when a trustee refuses to step aside
Presented by Sally Morris, Partner, Morris Legal and Andrew Morris, Senior Associate, Morris Legal
12.25am to 1.10pm: The Overseas Connection
- Cross-border issues in succession planning
- Drafting Wills and Trust documents
- Estate and trust administration
- Case study: the “Lucky Country”
Presented by Peter Eastgate, Partner, Cavell Leitch
1.10pm to 1.15pm Closing Comments by the Chair
Learning Objectives
- Gain critical insights on what you and your client need to do to ensure trust compliance
- Consider best practice when removing or retiring a trustee
- Understand relationship breakdowns and how to manage them
- Examine strategies for effectively avoiding or managing a trust dispute
Session 2
Wills and Estates Updates and Best Practice
Chair: Angus Rogers, Partner, Martelli McKegg
2.00pm to 2.45pm: Estates and Trusts Case Law Developments
Join Anthony Grant as he examines the latest case Law developments and unreported trusts and estates cases that practitioners need to know.
Presented by Anthony Grant, Barrister
2.45pm to 3.30pm: Relationship Property Update
This session will provide an update on relationship property cases where couples have separated through death. It will also consider claims that can be brought by surviving spouses and partners where assets are held in trust.
Presented by Stephanie Ambler, Partner, Tompkins Wake
3.30pm to 3.45pm Afternoon Tea Break
3.45pm to 4.30pm: Playing Favourites: Claims Under the Family Protection Act 1955
What happens when a will-maker plays favourites among beneficiaries when dividing his or her estate? Explore recent case law and gain practical guidance relating to:
- Claims under the Family Protection Act 1955
- Entitlement of adult children in different circumstances
- Application of the Act in cases involving large estates
- Relevance of the will-maker’s intentions and desires
Presented by Aria Newfield, Senior Solicitor and Freya McKechnie, Solicitor, Morris Legal
4.30pm to 5.15pm: The Duty of Care Owed by Solicitors who Prepare Wills
- Statutory requirements under the Wills Act 2007
- Development of common law in respect of the duty owed by a solicitor to the beneficiaries of a will
- Cautionary tales - examples of solicitor negligence, and recommended practice to avoid such claims
- Recent case law
Presented by Gregory Ambler, Senior Solicitor, TGT Legal
Learning Objectives
- Receive a timely update on notable and recent cases in trusts and estates
- Consider relationship property cases and claims brought by surviving spouses and partners
- Gain a deeper understanding of cross border issues in succession planning
- Examine the level of duty and care required for solicitors drafting a will
Venue
Grand Mercure Auckland
Level 2, 8 Customs Street East
Auckland 1010
New Zealand
Directions
Grand Mercure Auckland is a short 5 minute walk from the main train/bus station Britomart.
Parking
Parking is not included in you registration. Here are some options below.
The hotel has very limited on-site parking. There is a valet service which works on a 'first come, first serve basis', and is $40 per car.
Other surrounding parking options include:
Britomart Car Park - click here to view rates
Lumley Centre Car Park - click here to view rates