Estate Planning and Succession
Issues covered include: Case Law Update, Capacity and Vulnerability in Succession Law, Drafting Wills and Structures for Blended Families, The Danger Zone for Succession Lawyers, Mediation in Deceased Estates,
Description
This is a must attend event for all lawyers practising in wills and estates law. You will gain critical insights on how to read a client / beneficiary relationship correctly to identify danger zones, assess capacity an expertly determine when mediation is the best option. Be updated on recent cases and best practice, and learn how you protect your clients (and yourself) when drafting your next will.
Attend and earn 4 CPD hours
Chair: Stuart Cummings, Barrister, Surrey Chambers
Case Law Update
An intensive review of recent estate and trust cases that have estate and succession planning relevance. Vicki’s paper will include helpful case notes that have practical application to your practice right now. This is an essential session for practitioners wishing to remain current in estate and succession practice.
Presented by Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited
Capacity and Vulnerability in Succession Law
Lawyers are not experts in the field of capacity assessment but need to contend with these issues daily. This session takes an in-depth look at some of the challenges and provides practical tips for addressing vulnerability and capacity issues in succession law.
Presented by Ross Knight, Barrister, Old South British Chambers
Drafting Wills and Structures for Blended Families
- A review of the most common scenarios adopted for clients with blended families
- The legislative framework as it applies to estate planning and the options available for minimising the potential for a successful claim
- Practical assistance in the establishment of various structures and the wording of some of the clauses that may be used
- The main issues that should be considered and, where possible, accommodated when dealing with clients in these situations
Presented by Timothy Orr, Senior Associate, Martelli McKegg
The Danger Zone for Succession Lawyers
Ethical and other issues arising for solicitors acting for deceased estates and related asset planning matters. Helping a client family through the trauma of a death is an important task for solicitors, especially those who work closely with clients over many years in the trusts and estates area. However, they can present real difficulties in terms of client engagement issues, especially where there is conflict with beneficiaries of the estate. This session will look at some of the issues that can arise and discuss any steps that can be taken by solicitors to minimise or mitigate those risks.
Presented by Jarrod Walker, Partner, Chapman Tripp
Mediation in Deceased Estates
Disputes and litigation in deceased estates is no less stressful or expensive than any other litigation. It is however different. Obviously the central person, the deceased, is not available and the disputing parties often have significant history and the assets at issue are generally also significant. There will often be emotional drivers for at least 1 party that are not amenable to a legal solution. It is well established in research that affidavits and the irretractable and generally positional statements they contain can cause long lasting and serious damage to family relationships. Mediation offers the opportunity to quickly and economically get to the heart of the issues and explore options for resolution with the potential solutions. The solutions can be far more nuanced, appropriate and acceptable to the family than is likely to be achieved after a hearing and imposed judgment.
Presented by Stuart Cummings, Barrister, Surrey Chambers
Learning Objectives
- Be updated on significant and timely cases you need to know
- Examine the danger zones in succession practice
- Critique capacity and vulnerability issues in succession law
- Gain practical skills for drafting wills for blended families
- Receive practical insights to navigate a mediation in a deceased estate
Venue
Rydges Auckland
59 Federal St
Auckland 1010
New Zealand